25200. (a) The department shall issue hazardous waste facilities
permits to use and operate one or more hazardous waste management
units at a facility that in the judgment of the department meet the
building standards published in the State Building Standards Code
relating to hazardous waste facilities and the other standards and
requirements adopted pursuant to this chapter. The department shall
impose conditions on each hazardous waste facilities permit
specifying the types of hazardous wastes that may be accepted for
transfer, storage, treatment, or disposal. The department may impose
any other conditions on a hazardous waste facilities permit that are
consistent with the intent of this chapter.
(b) The department may impose, as a condition of a hazardous waste
facilities permit, a requirement that the owner or operator of a
hazardous waste facility that receives hazardous waste from more than
one producer comply with any order of the director that prohibits
the facility operator from refusing to accept a hazardous waste based
on geographical origin that is authorized to be accepted and may be
accepted by the facility without extraordinary hazard.
(c) (1) (A) Any hazardous waste facilities permit issued by the
department shall be for a fixed term, which shall not exceed 10 years
for any land disposal facility, storage facility, incinerator, or
other treatment facility.
(B) Before the fixed term of a permit expires, the owner or
operator of a facility intending to extend the term of the facility's
permit shall submit a complete Part A application for a permit
renewal. At any time following the submittal of the Part A
application, the owner or operator of a facility shall submit a
complete Part B application, or any portion thereof, as well as any
other relevant information, as and when requested by the department.
To the extent not inconsistent with the federal act, when a complete
Part A renewal application, and any other requested information, has
been submitted before the end of the permit's fixed term, the permit
is deemed extended until the renewal application is approved or
denied and the owner or operator has exhausted all applicable rights
of appeal.
(C) This section does not limit or restrict the department's
authority to impose any additional or different conditions on an
extended permit that are necessary to protect human health and the
environment.
(D) In adopting new conditions for an extended permit, the
department shall follow the applicable permit modification procedures
specified in this chapter and the regulations adopted pursuant to
this chapter.
(E) When prioritizing pending renewal applications for processing
and in determining the need for any new conditions on an extended
permit, the department shall consider any input received from the
public.
(2) The department shall review each hazardous waste facilities
permit for a land disposal facility five years after the date of
issuance or reissuance, and shall modify the permit, as necessary, to
assure that the facility continues to comply with the currently
applicable requirements of this chapter and the regulations adopted
pursuant to this chapter.
(3) This subdivision does not prohibit the department from
reviewing, modifying, or revoking a permit at any time during its
term.
(d) (1) When reviewing any application for a permit renewal, the
department shall consider improvements in the state of control and
measurement technology as well as changes in applicable regulations.
(2) Each permit issued or renewed under this section shall contain
the terms and conditions that the department determines necessary to
protect human health and the environment.
(e) A permit issued pursuant to the federal act by the
Environmental Protection Agency in the state for which no state
hazardous waste facilities permit has been issued shall be deemed to
be a state permit enforceable by the department until a state permit
is issued. In addition to complying with the terms and conditions
specified in a federal permit deemed to be a state permit pursuant to
this section, an owner or operator who holds that permit shall
comply with the requirements of this chapter and the regulations
adopted by the department to implement this chapter.
25200.1. Notwithstanding Section 25200, the department shall not
issue a hazardous waste facility permit to a facility which commences
operation on or after January 1, 1987, unless the department
determines that the facility operator is in compliance with
regulations adopted by the department pursuant to this chapter
requiring that the operator provide financial assurance that the
operator can respond adequately to damage claims arising out of the
operation of the facility or the facility is exempt from these
financial assurance requirements pursuant to this chapter or the
regulations adopted by the department to implement this chapter.
25200.1.5. (a) The department may establish an administrative
process to certify hazardous waste environmental technologies that it
determines will not pose a significant potential hazard to human
health and safety or to the environment if they are used under
specified operating conditions. Hazardous waste environmental
technologies which may be certified shall include, but are not
limited to, hazardous waste management technologies, site mitigation
technologies, and waste minimization and pollution prevention
technologies. The certification process shall not be used for
hazardous waste incineration technologies. The certification shall
include all of the following:
(1) A statement of the technical specifications applicable to the
technology.
(2) A determination of the composition of the hazardous wastes or
chemical constituents for which the technology can appropriately be
used.
(3) An estimate of the efficacy and efficiency of the technology
in regard to the hazardous wastes or chemical constituents for which
it is certified.
(4) A specification of the minimal operational standards the
technology is required to meet to ensure that the certified
technology is managed properly and used safely.
(b) An applicant for certification of a hazardous waste
environmental technology shall provide the department with any
information required by the department to make a determination on the
application for certification.
(c) The department's proposed decision on an application for
certification of a hazardous waste environmental technology shall be
published in the California Regulatory Notice Register and shall be
subject to a 30-day comment period. The department's final decision
on an application for certification of a hazardous waste
environmental technology shall become effective not sooner than 30
days from the date of publication of the final decision in the
California Regulatory Notice Register.
(d) The department may decertify a hazardous waste environmental
technology if it determines, on the basis of any information, that
the hazardous waste environmental technology may pose a significant
potential hazard to human health and safety or to the environment.
The department may decertify a hazardous waste environmental
technology in accordance with the procedure set forth in subdivision
(c).
(e) The department's decision on an application for certification
under this section is exempt from the requirements of Chapter 3.5
(commencing with Section 11340), Chapter 4 (commencing with Section
11370), and Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, and shall not be
subject to the review and approval of the Office of Administrative
Law.
(f) Based on the determination made by the department pursuant to
subdivision (a), other local and state government permitting
authorities may take this certification process into consideration
when making their permitting decisions.
(g) (1) The department shall place appropriate conditions on any
certification granted pursuant to this section. Those conditions may
include, but are not limited to, all of the following:
(A) Limits on the types, volume, and concentration of waste
streams that may be employed with the technology.
(B) Operating requirements.
(C) Monitoring requirements.
(2) Any technology certified by the department pursuant to this
section may be eligible for authorization pursuant to permit-by-rule
or conditional authorization pursuant to Section 25200.3, or
conditional exemption pursuant to Section 25201.5, only if the
department determines that the use of that technology to handle the
waste stream or streams is demonstrated to be as safe and as
effective as the processes that are subject to regulation pursuant to
permit-by-rule or conditional authorization pursuant to Section
25200.3 or conditional exemption pursuant to Section 25201.5. A
certified technology determined to be eligible for authorization
pursuant to permit-by-rule shall, in addition to any conditions
placed on the certification pursuant to paragraph (1), operate in
accordance with all conditions of the certification and
permit-by-rule.
(3) In determining the placement of a technology certified
pursuant to this section for operation pursuant to permit-by-rule or
pursuant to a grant of conditional authorization under Section
25200.3 or conditional exemption under Section 25201.5, the
department shall, to the extent information is available, consider
all the following factors in making its determination:
(A) The hazardous waste streams that are treated using the
treatment methods and the hazards to human health and safety or the
environment posed by those hazardous wastes and their hazardous
constituents.
(B) The complexity of the treatment method, the degree of
difficulty in carrying it out, and the technology that is used to
carry it out.
(C) Chemical or physical hazards that are associated with the use
of the treatment process and the degree to which these hazards are
similar to, or differ from, the chemical or physical hazards that are
associated with the production processes that are carried out in the
facilities that produce the hazardous waste that is treated using
the treatment methods.
(D) The levels of specialized operator training, equipment
maintenance, and monitoring that are required to ensure the safety of
the treatment method and its effectiveness in treating particular
hazardous waste streams.
(E) The types of accidents that may occur during the treatment of
particular types of hazardous waste streams, the likely consequences
of those accidents, and the actual accident history associated with
use of the treatment method.
(h) The department shall charge fees to review and certify
environmental technologies pursuant to this section that are
sufficient to recover the actual costs of the department in reviewing
and approving the technology.
(i) The department shall implement a program to continually
monitor and oversee manufacturers and users of technologies certified
pursuant to this section, to ensure that the certified technologies
are operating in a manner which is not hazardous to human health and
safety or to the environment.
(j) The department shall adopt regulations to implement the
certification process.
25200.2. (a) The department shall develop a permitting process for
transportable hazardous waste treatment units for treating hazardous
waste in accordance with the federal act and in accordance with this
chapter for hazardous wastes that are not otherwise subject to the
federal act. The permitting process shall require the units to be
permitted pursuant to the regulations of the department for operation
pursuant to a permit-by-rule, a hazardous waste facilities permit,
or pursuant to the regulations of the department for operation under
a standardized permit adopted pursuant to Section 25201.6, whichever
the department determines to be appropriate, by regulation, depending
on the nature of the treatment units and the type of hazardous waste
to be treated, and without regard to whether the units are
determined to be onsite or offsite treatment units.
(b) (1) The operator of a transportable hazardous waste treatment
unit shall pay the same annual fee as facilities authorized to
operate pursuant to a permit-by-rule specified in subdivision (a) of
Section 25205.14. The operator of a unit is exempt from paying the
facility fee specified in Section 25205.2 for any year or reporting
period during which the unit was operating for any activity
authorized under permit, except as specified in subdivision (b) of
Section 25205.12.
(2) The department shall report on the actual costs of managing
the transportable hazardous waste treatment units in the annual
onsite treatment report required pursuant to subparagraph (D) of
paragraph (3) of subdivision (a) of Section 25171.5. Notwithstanding
paragraph (1), the Legislature may authorize the department to
recover the costs to manage the transportable treatment units should
the actual costs exceed the revenue raised by the fees specified in
Section 25205.14.
(c) A transportable hazardous waste treatment unit operating
pursuant to a hazardous waste facilities permit, a standardized
permit, or pursuant to the department's regulations for operation
under a permit-by-rule may operate at a facility for a period not to
exceed one year. If the owner or operator of the transportable
hazardous waste treatment unit shows cause, the department may
authorize up to two extensions of this period, of six months
duration, during which the transportable hazardous waste treatment
unit may operate at the facility, if the department reviews the
justification for the extension request after the first six-month
period.
(d) Notwithstanding any other provision of this section, if, as of
March 1, 1996, the department has not issued proposed regulations,
or has not adopted emergency regulations, to implement the changes
made to this section by the act adding this subdivision, until the
department issues or adopts those regulations, the department shall
regulate all transportable treatment units operating pursuant to a
permit-by-rule on January 1, 1996, pursuant to the regulations
adopted by the department with regard to permit-by-rule, and shall
regulate all transportable treatment units operating pursuant to a
hazardous waste facilities permit on January 1, 1996, pursuant to the
regulations providing for a standardized permit.
25200.3. (a) A generator who uses the following methods for
treating RCRA or non-RCRA hazardous waste in tanks or containers,
which is generated onsite, and which do not require a hazardous waste
facilities permit under the federal act, shall, for those
activities, be deemed to be operating pursuant to a grant of
conditional authorization without obtaining a hazardous waste
facilities permit or other grant of authorization and a generator is
deemed to be granted conditional authorization pursuant to this
section, upon compliance with the notification requirements specified
in subdivision (e), if the treatment complies with the applicable
requirements of this section:
(1) The treatment of aqueous wastes which are hazardous solely due
to the presence of inorganic constituents, except asbestos, listed
in subparagraph (B) of paragraph (1) and subparagraph (A) of
paragraph (2) of subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations, and which contain not more than
1400 ppm total of these constituents, using the following treatment
technologies:
(A) Phase separation, including precipitation, by filtration,
centrifugation, or gravity settling, including the use of
demulsifiers and flocculants in those processes.
(B) Ion exchange, including metallic replacement.
(C) Reverse osmosis.
(D) Adsorption.
(E) pH adjustment of aqueous waste with a pH of between 2.0 and
12.5.
(F) Electrowinning of solutions, if those solutions do not contain
hydrochloric acid.
(G) Reduction of solutions which are hazardous solely due to the
presence of hexavalent chromium, to trivalent chromium with sodium
bisulfite, sodium metabisulfite, sodium thiosulfite, ferrous
chloride, ferrous sulfate, ferrous sulfide, or sulfur dioxide,
provided that the solution contains less than 750 ppm of hexavalent
chromium.
(2) Treatment of aqueous wastes which are hazardous solely due to
the presence of organic constituents listed in subparagraph (B) of
paragraph (1), or subparagraph (B) of paragraph (2), of subdivision
(a) of Section 66261.24 of Title 22 of the California Code of
Regulations and which contain not more than 750 ppm total of those
constituents, using either of the following treatment technologies:
(A) Phase separation by filtration, centrifugation, or gravity
settling, but excluding supercritical fluid extraction.
(B) Adsorption.
(3) Treatment of wastes which are sludges resulting from
wastewater treatment, solid metal objects, and metal workings which
contain or are contaminated with, and are hazardous solely due to the
presence of, constituents, except asbestos, listed in subparagraph
(B) of paragraph (1) of, and subparagraph (A) of paragraph (2) of,
subdivision (a) of Section 66261.24 of Title 22 of the California
Code of Regulations, or treatment of wastes which are dusts which
contain, or are contaminated with, and are hazardous solely due to
the presence of, not more than 750 ppm total of those constituents,
except asbestos, listed in subparagraph (B) of paragraph (1) of, and
subparagraph (A) of paragraph (2) of, subdivision (a) of Section
66261.24 of Title 22 of the California Code of Regulations, using any
of the following treatment technologies:
(A) Physical processes which constitute treatment only because
they change the physical properties of the waste, such as filtration,
centrifugation, gravity settling, grinding, shredding, crushing, or
compacting.
(B) Drying to remove water.
(C) Separation based on differences in physical properties, such
as size, magnetism, or density.
(4) Treatment of alum, gypsum, lime, sulfur, or phosphate sludges,
using either of the following treatment technologies:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(5) Treatment of wastes listed in Section 66261.120 of Title 22 of
the California Code of Regulations, which meet the criteria and
requirements for special waste classification in Section 66261.122 of
Title 22 of the California Code of Regulations, using any of the
following treatment technologies, if the waste is hazardous solely
due to the presence of constituents, except asbestos, listed in
subparagraph (B) of paragraph (1) of, and subparagraph (A) of
paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations and the waste contains not more
than 750 ppm total of those constituents:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(C) Screening to separate components based on size.
(D) Separation based on differences in physical properties, such
as size, magnetism, or density.
(6) Treatment of wastes, except asbestos, which have been
classified by the department as special wastes pursuant to Section
66261.24 of Title 22 of the California Code of Regulations, using any
of the following treatment technologies, if the waste is hazardous
solely due to the presence of constituents, except asbestos, listed
in subparagraph (B) of paragraph (1) of, and subparagraph (A) of
paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations and the waste contains not more
than 750 ppm of those constituents:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(C) Magnetic separation.
(7) Treatment of soils which are hazardous solely due to the
presence of metals listed in subparagraph (A) of paragraph (2) of
subdivision (a) of Section 66261.24 of Title 22 of the California
Code of Regulations, using either of the following treatment
technologies:
(A) Screening to separate components based on size.
(B) Magnetic separation.
(8) Except as provided in Section 25201.5, treatment of oil mixed
with water and oil/water separation sludges, using any of the
following treatment technologies:
(A) Phase separation by filtration, centrifugation, or gravity
settling, but excluding supercritical fluid extraction. This phase
separation may include the use of demulsifiers and flocculants in
those processes, even if the processes involve the application of
heat, if the heat is applied in totally enclosed tanks and
containers, and if it does not exceed 160 degrees Fahrenheit, or any
lower temperature which may be set by the department.
(B) Separation based on differences in physical properties, such
as size, magnetism, or density.
(C) Reverse osmosis.
(9) Neutralization of acidic or alkaline wastes that are hazardous
only due to corrosivity or toxicity that results only from the
acidic or alkaline material, in elementary neutralization units, as
defined in Section 66260.10 of Title 22 of the California Code of
Regulations, if the wastes contain less than 10 percent acid or base
constituents by weight, and are treated in tanks or containers and
piping, constructed of materials compatible with the range of
temperatures and pH levels, and subject to appropriate pH and
temperature controls. If the waste contains more than 10 percent acid
or base constituents by weight, the volume treated in a single batch
at any one time shall not exceed 500 gallons.
(10) Treatment of spent cleaners and conditioners which are
hazardous solely due to the presence of copper or copper compounds,
subject to the following:
(A) The following requirements are met, in addition to all other
requirements of this section:
(i) The waste stream does not contain more than 5000 ppm total
copper.
(ii) The generator does not generate for treatment any more than
1000 gallons of the waste stream per month.
(iii) The treatment technologies employed are limited to those set
forth in paragraph (1) for metallic wastes.
(iv) The generator keeps records documenting compliance with this
subdivision, including records indicating the volume and
concentration of wastes treated, and the management of related
solutions which are not cleaners or conditioners.
(B) Cleaners and conditioners, for purposes of this paragraph, are
solutions containing surfactants and detergents to remove dirt and
foreign objects. Cleaners and conditioners do not include microetch,
etchant, plating, or metal stripping solutions or solutions
containing oxidizers, or any cleaner based on organic solvents.
(C) A grant of conditional authorization under this paragraph
shall expire on January 1, 1998, unless extended by the department
pursuant to this section.
(D) The department shall evaluate the treatment activities
described in this paragraph and shall designate, by regulation, not
later than January 1, 1997, those activities eligible for conditional
authorization and those activities subject to permit-by-rule. In
adopting regulations under this subparagraph, the department shall
consider all of the following:
(i) The volume of waste being treated.
(ii) The concentration of the hazardous waste constituents.
(iii) The characteristics of the hazardous waste being treated.
(iv) The risks of the operation, and breakdown, of the treatment
process.
(11) Any waste stream technology combination certified by the
department, pursuant to Section 25200.1.5, as suitable for
authorization pursuant to this section, that operates pursuant to the
conditions imposed on that certification.
(b) Any treatment performed pursuant to this section shall comply
with all of the following, except as to generators, who are treating
hazardous waste pursuant to paragraph (11) of subdivision (a), who
shall also comply with any additional conditions of the specified
certification if those conditions are different from those set forth
in this subdivision:
(1) The total volume of hazardous waste treated in the unit in any
calendar month shall not exceed 5,000 gallons or 45,000 pounds,
whichever is less, unless the waste is a dilute aqueous waste
described in paragraph (1), (2), or (9) of subdivision (a) or oily
wastes as described in paragraph (8) of subdivision (a). The
department may, by regulation, impose volume limitations on wastes
which have no limitations under this section, as may be necessary to
protect human health and safety or the environment.
(2) The treatment is conducted in tanks or containers.
(3) The treatment does not consist of the use of any of the
following:
(A) Chemical additives, except for pH adjustment, chrome
reduction, oil/water separation, and precipitation with the use of
flocculants, as allowed by this section.
(B) Radiation.
(C) Electrical current except in the use of electrowinning, as
allowed by this section.
(D) Pressure, except for reverse osmosis, filtration, and
crushing, as allowed by this section.
(E) Application of heat, except for drying to remove water or
demulsification, as allowed by this section.
(4) All treatment residuals and effluents are managed and disposed
of in accordance with applicable federal, state, and local
requirements.
(5) The treatment process does not do either of the following:
(A) Result in the release of hazardous waste into the environment
as a means of treatment or disposal.
(B) Result in the emission of volatile hazardous waste
constituents or toxic air contaminants, unless the emission is in
compliance with the rules and regulations of the air pollution
control district or air quality management district.
(6) The generator unit complies with any additional requirements
set forth in regulations adopted pursuant to this section.
(c) A generator operating pursuant to subdivision (a) shall comply
with all of the following requirements:
(1) Except as provided in paragraph (4), the generator shall
comply with the standards applicable to generators specified in
Chapter 12 (commencing with Section 66262.10) of Division 4.5 of
Title 22 of the California Code of Regulations and with the
applicable requirements in Sections 66265.12, 66265.14, and 66265.17
of Title 22 of the California Code of Regulations.
(2) The generator shall comply with Section 25202.9 by making an
annual waste minimization certification.
(3) The generator shall comply with the environmental assessment
procedures required pursuant to subdivisions (a) to (e), inclusive,
of Section 25200.14. If that assessment reveals that there is
contamination resulting from the release of hazardous waste or
constituents from a solid waste management unit or a hazardous waste
management unit at the generator's facility, regardless of the time
at which the waste was released, the generator shall take every
action necessary to expeditiously remediate that contamination, if
the contamination presents a substantial hazard to human health and
safety or the environment or if the generator is required to take
corrective action by the department. If a facility is remediating the
contamination pursuant to, and in compliance with the provisions of,
an order issued by a California regional water quality control board
or other state or federal environmental enforcement agency, that
remediation shall be adequate for the purposes of complying with this
section, as the remediation pertains to the jurisdiction of the
ordering agency. This paragraph does not limit the authority of the
department or a unified program agency pursuant to Section 25187 as
may be necessary to protect human health and safety or the
environment.
(4) The generator unit shall comply with container and tank
standards applicable to non-RCRA wastes, unless otherwise required by
federal law, specified in subdivisions (a) and (b) of Section
66264.175 of Title 22 of the California Code of Regulations, as the
standards apply to container storage and transfer activities, and to
Article 9 (commencing with Section 66265.170) and Article 10
(commencing with Section 66265.190) of Chapter 15 of Division 4.5 of
Title 22 of the California Code of Regulations, except for Section
66265.197 of Title 22 of the California Code of Regulations.
(A) Unless otherwise required by federal law, ancillary equipment
for a tank or container treating hazardous wastes solely pursuant to
this section, is not subject to Section 66265.193 of Title 22 of the
California Code of Regulations, if the ancillary equipment's
integrity is attested to, pursuant to Section 66265.191 of Title 22
of the California Code of Regulations, every two years from the date
that retrofitting requirements would otherwise apply.
(B) (i) The Legislature hereby finds and declares that in the case
of underground, gravity-pressured sewer systems, integrity testing
is often not feasible.
(ii) The best feasible leak detection measures which are
sufficient to ensure that underground gravity-pressured sewer
systems, for which it is not feasible to conduct integrity testing,
do not leak.
(iii) If it is not feasible for an operator's ancillary equipment,
or a portion thereof, to undergo integrity testing, the operator
shall not be subject to Section 66265.193 of Title 22 of the
California Code of Regulations, if the operator implements the best
feasible leak detection measures which are determined to be
sufficient by the department in those regulations, and those leak
detection measures do not reveal any leaks emanating from the
operator's ancillary equipment. Any ancillary equipment found to leak
shall be retrofitted by the operator to meet the secondary
containment standards of Section 66265.196 of Title 22 of the
California Code of Regulations.
(5) The generator shall prepare and maintain a written inspection
schedule and a log of inspections conducted.
(6) The generator shall prepare and maintain written operating
instructions and a record of the dates, concentrations, amounts, and
types of waste treated. Records maintained to comply with the state,
federal, or local programs may be used to satisfy this requirement,
to the extent that those documents substantially comply with the
requirements of this section. The operating instructions shall
include, but not be limited to, directions regarding all of the
following:
(A) How to operate the treatment unit and carry out waste
treatment.
(B) How to recognize potential and actual process upsets and
respond to them.
(C) When to implement the contingency plan.
(D) How to determine if the treatment has been efficacious.
(E) How to address the residuals of waste treatment.
(7) The generator shall maintain adequate records to demonstrate
to the department and the unified program agency that the
requirements and conditions of this section are met, including
compliance with all applicable pretreatment standards and with all
applicable industrial waste discharge requirements issued by the
agency operating the publicly owned treatment works into which the
wastes are discharged. The records shall be maintained onsite for a
period of five years.
(8) The generator shall treat only hazardous waste which is
generated onsite. For purposes of this chapter, a residual material
from the treatment of a hazardous waste generated offsite is not a
waste that has been generated onsite.
(9) Except as provided in Section 25404.5, the generator shall
submit a fee to the State Board of Equalization in the amount
required by Section 25205.14, unless the generator is subject to a
fee under a permit-by-rule. The generator shall submit that fee
within 30 days of the date that the fee is assessed by the State
Board of Equalization.
(d) Notwithstanding any other provision of law, the following
activities are ineligible for conditional authorization:
(1) Treatment in any of the following units:
(A) Landfills.
(B) Surface impoundments.
(C) Injection wells.
(D) Waste piles.
(E) Land treatment units.
(2) Commingling of hazardous waste with any hazardous waste that
exceeds the concentration limits or pH limits specified in
subdivision (a), or diluting hazardous waste in order to meet the
concentration limits or pH limits specified in subdivision (a).
(3) Treatment using a treatment process not specified in
subdivision (a).
(4) Pretreatment or posttreatment activities not specified in
subdivision (a).
(5) Treatment of any waste which is reactive or extremely
hazardous.
(e) (1) Not less than 60 days prior to commencing the first
treatment of hazardous waste under this section, the generator shall
submit a notification, in person or by certified mail, with return
receipt requested, to the department and to one of the following:
(A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(B) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
(2) Upon demonstration of good cause by the generator, the
department may allow a shorter time period, than the 60 days required
by paragraph (1), between notification and commencement of hazardous
waste treatment pursuant to this section.
(3) Each notification submitted pursuant to this subdivision shall
be completed, dated, and signed according to the requirements of
Section 66270.11 of Title 22 of the California Code of Regulations,
as those requirements that were in effect on January 1, 1996, and
apply to hazardous waste facilities permit applications, shall be on
a form prescribed by the department, and shall include, but not be
limited to, all of the following information:
(A) The name, identification number, site address, mailing
address, and telephone number of the generator to whom the
conditional authorization is granted.
(B) A description of the physical characteristics and chemical
composition of the hazardous waste to which the conditional
authorization applies.
(C) A description of the hazardous waste treatment activity to
which the conditional authorization applies, including the basis for
determining that a hazardous waste facilities permit is not required
under the federal act.
(D) A description of the characteristics and management of any
treatment residuals.
(E) Documentation of any convictions, judgments, settlements, or
orders resulting from an 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 Division 7 of Title 1
of the Government Code) or the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
the Civil Code). For purposes of this paragraph, a notice of
violation for any local, state, or federal agency does not constitute
an order and a generator is not required to report the notice unless
the violation is not corrected and the notice becomes a final order.
(f) Any generator operating pursuant to a grant of conditional
authorization shall comply with all regulations adopted by the
department relating to generators of hazardous waste.
(g) (1) Upon terminating operation of any treatment process or
unit conditionally authorized pursuant to this section, the generator
conducting treatment pursuant to this section shall remove or
decontaminate all waste residues, containment system components,
soils, and structures or equipment contaminated with hazardous waste
from the unit. The removal of the unit from service shall be
conducted in a manner that does both of the following:
(A) Minimizes the need for further maintenance.
(B) Eliminates the escape of hazardous waste, hazardous
constituents, leachate, contaminated runoff, or waste decomposition
products to the environment after the treatment process is no longer
in operation.
(2) Any generator conducting treatment pursuant to this section
who permanently ceases operation of a treatment process or unit that
is conditionally authorized pursuant to this section shall, upon
completion of all activities required under this subdivision, provide
written notification, in person or by certified mail, with return
receipt requested, to the department and to one of the following:
(A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(B) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
(h) In adopting regulations pursuant to this section, the
department may impose any further restrictions or limitations
consistent with the conditionally authorized status conferred by this
section which are necessary to protect human health and safety and
the environment.
(i) The department may revoke any conditional authorization
granted pursuant to this section. The department shall base a
revocation on any one of the causes set forth in subdivision (a) of
Section 66270.43 of Title 22 of the California Code of Regulations or
in Section 25186, or upon a finding that operation of the facility
in question will endanger human health and safety, domestic
livestock, wildlife, or the environment. The department shall conduct
the revocation of a conditional authorization granted pursuant to
this section in accordance with Chapter 21 (commencing with Section
66271.1) of Division 4.5 of Title 22 of the California Code of
Regulations and as specified in Section 25186.7.
(j) A generator who would otherwise be subject to this section may
contract with the operator of a transportable treatment unit who is
operating pursuant to a permit-by-rule, a standardized permit, or a
full state hazardous waste facilities permit to treat the generator's
waste. If treatment of the generator's waste takes place under such
a contract, the generator is not otherwise subject to the
requirements of this section, but shall comply with all other
requirements of this chapter that apply to generators. The operator
of the transportable treatment unit that performs onsite treatment
pursuant to this subdivision shall comply with all requirements
applicable to transportable treatment units operating pursuant to a
permit-by-rule, as set forth in the regulations adopted by the
department.
(k) (1) Within 30 days of any change in operation which
necessitates modifying any of the information submitted in the
notification required pursuant to subdivision (e), a generator shall
submit an amended notification, in person or by certified mail, with
return receipt requested, to the department and to one of the
following:
(A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(B) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
(2) Each amended notification shall be completed, dated, and
signed in accordance with the requirements of Section 66270.11 of
Title 22 of the California Code of Regulations, as those requirements
apply to hazardous waste facilities permit applications.
( l) A person who has submitted a notification to the department
pursuant to subdivision (e) shall be deemed to be operating pursuant
to this section, and, except as provided in Section 25404.5, shall be
subject to the fee set forth in subdivision (a) of Section 25205.14
until that person submits a certification that the generator has
ceased all treatment activities of hazardous waste streams authorized
pursuant to this section in accordance with the requirements of
subdivision (g). The certification required by this subdivision shall
be submitted, in person or by certified mail, with return receipt
requested, to the department and to one of the following:
(1) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(2) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
(m) The development and publication of the notification form
specified in subdivision (e) is not subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The department shall hold at least one public
workshop concerning the development of the notification form.
25200.3.1. (a) For purposes of this section, the following
definitions apply:
(1) "Laboratory" means a workplace where relatively small
quantities of hazardous chemicals are handled or used in a manner
that meets all of the following criteria:
(A) Chemical reactions, transfers, and handling are carried out
using containers that are designed to be easily and safely
manipulated by one person.
(B) Protective laboratory practices and equipment are available
and in common use to minimize the potential for laboratory worker
exposure to hazardous chemicals.
(C) The chemical procedures conducted in the laboratory meet all
of the following criteria:
(i) The chemical procedures are conducted for purposes of
education, research, chemical analysis, clinical testing, or product
development, testing, or quality control.
(ii) The chemical procedures are not part of the actual commercial
production of chemicals or other products, and are not part of
production development activities, unless the activities are
conducted on the scale of a research laboratory.
(iii) The chemical procedures are not part of the treatment of
hazardous waste, other than the treatment of laboratory hazardous
waste pursuant to subdivision (c).
(2) "Laboratory accumulation area" means the area where laboratory
hazardous wastes are accumulated pursuant to subdivision (b). The
laboratory accumulation area may be located in the room in which the
accumulated laboratory hazardous wastes are generated or in another
onsite location.
(3) "Laboratory hazardous waste" means hazardous waste generated
in a laboratory by chemical procedures meeting the criteria specified
in subparagraph (C) of paragraph (1).
(b) Notwithstanding paragraph (1) of subdivision (d) of Section
25123.3, and except as otherwise required by the federal act, up to
55 gallons of laboratory hazardous waste, or one quart of laboratory
hazardous waste that is acutely hazardous waste, may be accumulated
onsite in a laboratory accumulation area that is located as close as
is practical to the location where the laboratory hazardous waste is
generated, if all of the following conditions are met:
(1) The laboratory accumulation area is managed under the control
of one or more designated personnel who have received training
commensurate with their responsibilities and authority for managing
laboratory hazardous wastes, and unsupervised access to the
laboratory accumulation area is limited to personnel who have
received training commensurate with their responsibilities and
authority for managing laboratory hazardous wastes.
(2) The laboratory hazardous wastes are managed so as to ensure
that incompatible laboratory hazardous wastes are not mixed, and are
otherwise prevented from coming in contact with each other. However,
incompatible laboratory hazardous wastes may be mixed together during
treatment meeting the requirements of subdivision (c), if one
laboratory hazardous waste is being used to treat another laboratory
hazardous waste pursuant to procedures identified in paragraph (1) of
subdivision (c).
(3) The amount of laboratory hazardous wastes accumulated in the
laboratory accumulation area is appropriate for the space limitations
and the need to safely manage the containers and separate
incompatible laboratory hazardous wastes.
(4) All of the requirements of subdivision (d) of Section 25123.3
are met, except for the requirements of paragraph (1) of subdivision
(d) of Section 25123.3.
(c) Notwithstanding any other provision of law, and except as
otherwise required by the federal act, a hazardous waste facilities
permit or other grant of authorization from the department is not
required for treatment of laboratory hazardous waste generated
onsite, if all of the following requirements are met:
(1) The laboratory hazardous waste is treated in containers using
recommended procedures and quantities for treatment of laboratory
wastes published by the National Research Council or procedures for
treatment of laboratory wastes published in peer-reviewed scientific
journals.
(2) The laboratory hazardous waste is treated at a location that
is as close as is practical to the location where the laboratory
hazardous waste is generated, and the treatment is conducted within
10 calendar days after the date the laboratory hazardous waste is
generated.
(3) The amount of laboratory hazardous waste treated in a single
batch does not exceed the quantity limitation specified in
subparagraph (A) or (B), whichever is the smaller quantity:
(A) Five gallons or 18 kilograms, whichever is greater.
(B) (i) Except as otherwise provided in clause (ii), the quantity
limit recommended in the procedures published by the National
Research Council or in other peer-reviewed scientific journals for
the treatment procedure being used.
(ii) Except as otherwise specified in subparagraph (A), the amount
of laboratory hazardous waste treated in a single batch may exceed
the quantity limit specified in clause (i) if a qualified chemist has
demonstrated that the larger quantity can be safely treated, and
documentation of the demonstration is maintained onsite. The
documentation shall be made available for inspection upon request by
a representative of the department or the CUPA, or if there is no
CUPA, the agency authorized pursuant to subdivision (f) of Section
25404.3.
(4) The laboratory hazardous waste treated is from a single
procedure, or set of procedures that are part of the same laboratory
process.
(5) The person performing the treatment has knowledge of the
laboratory hazardous waste being treated, including knowledge of the
procedure that generated the laboratory hazardous waste, and has
received hazardous waste training, including how to conduct the
treatment, manage treatment residuals, and respond effectively to
emergency situations.
(6) Training records for all persons performing treatment of
laboratory hazardous wastes pursuant to this subdivision are
maintained for a minimum of three years.
(7) The laboratory hazardous waste is managed in accordance with
applicable requirements for generators accumulating laboratory
hazardous waste under this chapter and the regulations adopted by the
department, and all treatment residuals and effluents are managed in
accordance with applicable federal, state and local requirements.
(8) All records maintained by the laboratory pertaining to
treatment conducted pursuant to this subdivision are made available
for inspection upon request by a representative of the department or
the CUPA, or if there is no CUPA, the agency authorized pursuant to
subdivision (f) of Section 25404.3.
(d) For laboratory hazardous wastes that contain radioactive
material, the requirements of this section apply in addition to, but
do not supercede, applicable federal and state requirements governing
the management of radioactive materials.
(e) The department may adopt regulations that specify additional
requirements for accumulating laboratory hazardous wastes pursuant to
subdivision (b) or treating laboratory hazardous wastes pursuant to
subdivision (c), if the department determines these additional
requirements are necessary for protection of public health and the
environment.
25200.4. (a) Any application for a hazardous waste facilities
permit or other grant of authorization to use and operate a hazardous
waste facility made pursuant to this article, except for an
application made by a federal, state, or local agency, shall include
a disclosure statement, as defined in Section 25112.5.
(b) The requirements of this section do not apply to a person
operating pursuant to a permit-by-rule, conditional authorization, or
conditional exemption.
(c) Notwithstanding subdivision (a), an applicant for a series C
standardized permit, as specified in Section 25201.6, shall submit a
disclosure statement to the department only upon request.
25200.5. (a) Except as provided in Sections 25200.7 and 25200.9,
any person who desires to continue the use or operation of a
hazardous waste facility which was in existence on November 19, 1980,
or which was in existence on the effective date of any statute or
regulation which subjected that facility to hazardous waste
facilities permit requirements under this chapter, pending the review
and decision of the department on the permit application, may be
granted interim status by the department if the person has made
application for a permit pursuant to Section 25200, or has made
application pursuant to Section 25201.6, and, if treating a waste
regulated pursuant to the federal act, has complied with the
requirements of subsection (a) of Section 6930 of Title 42 of the
United States Code.
(b) The person operating under an interim status pursuant to this
section shall not do any of the following acts:
(1) Treat, store, transfer, or dispose of hazardous wastes which
are not specified in Part A of the permit application.
(2) Employ processes not described in Part A of the permit
application.
(3) Exceed the design capacities specified in Part A of the permit
application.
(c) A facility operating under interim status is not subject to
civil or criminal penalties for operating without a permit, but is
otherwise subject to this chapter and the rules, regulations,
standards, and requirements issued or adopted pursuant to this
chapter. Interim status may be granted subject to any conditions
which the department deems necessary to protect public health or the
environment. Interim status shall not be valid beyond the date of the
decision of the department on the permit application.
(d) The department shall not grant interim status to any person to
operate a hazardous waste facility if the facility has been subject
to any of the following actions:
(1) Denial of a hazardous waste facilities permit.
(2) Suspension, revocation, or termination of a hazardous waste
facilities permit.
(3) Termination of a grant of interim status.
(e) For purposes of this section, "Part A of the permit
application" has the same meaning as defined in Section 66151 of
Title 22 of the California Code of Regulations, as that section read
on January 1, 1988.
(f) Any land disposal facility, as defined in subdivision (h) of
Section 25179.3, which lost interim status pursuant to paragraph (2)
or (3) of subsection (e) of Section 6925 of Title 42 of the United
States Code is deemed to have lost interim status granted under this
section to operate a facility managing hazardous waste regulated
pursuant to the Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C. Sec. 6901 et seq.).
(g) The termination date for interim status for any land disposal
facility, as defined in subdivision (h) of Section 25179.3, which is
in existence on the effective date of any statute or the regulation
adopted pursuant to that statute which subjects the facility to
hazardous waste facilities permit requirements under this chapter,
and which is granted interim status under this section, is the date
12 months after the date on which the facility first becomes subject
to the hazardous waste facilities permit requirements, unless one of
the following applies:
(1) Part A of the facility's permit application specifies that
only non-RCRA hazardous waste will be disposed of at the facility, in
which case the facility is subject to the termination date specified
in Section 25200.11, if the facility is subject to Section 25200.11.
(2) The owner or operator of the facility does both of the
following:
(A) Applies for a final determination regarding the issuance of a
hazardous waste facilities permit under Section 25200 for the
facility before the date 12 months after the date on which the
facility first becomes subject to the hazardous waste facilities
permit requirements.
(B) Certifies that the facility is in compliance with all
applicable groundwater monitoring and financial responsibility
requirements.
(h) The termination date for interim status for any incinerator
facility which submitted an application for a hazardous waste
facilities permit before November 8, 1984, is November 8, 1989,
unless one of the following applies:
(1) Part A of the facility's permit application specifies that
only non-RCRA hazardous waste will be incinerated at the facility, in
which case the facility is subject to the termination date specified
in Section 25200.11, if the facility is subject to Section 25200.11.
(2) The owner or operator of the facility applied for a final
determination regarding the issuance of a hazardous waste facilities
permit under Section 25200 for the facility on or before November 8,
1986.
(i) The termination date for interim status for any facility,
other than a facility specified in subdivision (g) or (h), which
submitted an application for a hazardous waste facilities permit
before November 8, 1984, is November 8, 1992, unless one of the
following applies:
(1) Part A of the facility's permit application specifies that
only non-RCRA hazardous waste will be transferred, treated, or stored
at the facility, and the facility is in compliance with its Part A
application, in which case the facility is subject to the termination
date specified in Section 25200.11, if the facility is subject to
Section 25200.11.
(2) The owner or operator of the facility applied for a final
determination regarding the issuance of a hazardous waste facilities
permit under Section 25200 for the facility on or before November 8,
1988.
(j) On or before July 1, 1993, the department shall take final
action on each application for a hazardous waste facilities permit,
to be issued pursuant to Section 25200, which was filed before
November 8, 1984, for an offsite hazardous waste facility subject to
subdivision (i), and not subject to Section 25200.7 or 25200.11. In
taking final action pursuant to this subdivision, the department
shall either issue the hazardous waste facilities permit or make a
final denial of the application.
(k) (1) Notwithstanding any other provision of law or regulation,
except as provided in paragraph (2), a hazardous waste facility
operating pursuant to this section shall comply with the requirements
of Article 4 (commencing with Section 66270.40) of Chapter 20 of
Division 4.5 of Title 22 of the California Code of Regulations.
(2) The requirements of paragraph (1) do not apply to an inactive
facility that is no longer accepting offsite hazardous waste and that
has notified the department of its intent to close.
25200.6. (a) The department shall not issue a hazardous waste
facilities permit for an injection well or for the discharge of
hazardous waste into an injection well unless all of the following
conditions are met:
(1) A hydrogeological assessment report has been approved pursuant
to Section 25159.18.
(2) The groundwater monitoring required by Section 25159.16 is
included as a permit condition.
(3) The department finds that the hazardous wastes to be
discharged cannot be reasonably and adequately reduced, treated, or
disposed of by an alternative method other than well injection. This
finding shall be in writing and shall be supported by evidence citing
specific evidence presented to the department or evidence that is
otherwise made available to the department. The department shall
provide public notice and opportunity for comment before making this
finding.
(4) The horizontal and vertical extent of the permitted injection
zone specified pursuant to Section 25159.20 is included as a permit
condition.
(5) The permit complies with and incorporates as a permit
condition any waste discharge requirements issued by the state board
or a regional board and the permit is consistent with all applicable
water quality control plans adopted pursuant to Section 13170 of the
Water Code and Article 3 (commencing with Section 13240) of Chapter 4
of Division 7 of the Water Code and with the state policies for
water quality control adopted pursuant to Article 3 (commencing with
Section 13140) of Chapter 3 of Division 7 of the Water Code, and any
amendments made to these plans, policies, or requirements. The
department may also include any more stringent requirement that the
department determines is necessary or appropriate to protect water
quality.
(b) Notwithstanding the requirement to submit a hydrogeological
assessment report before application for a hazardous waste facility
permit under Section 25159.18, or notwithstanding the requirement to
have a hazardous waste facility permit or an approved hydrogeological
assessment report before application for an exemption pursuant to
subdivision (b) of Section 25159.15, the department shall process any
applications for a hazardous waste facility permit to construct a
new injection well from any person who has applied between May 15,
1984, and December 31, 1984, for an underground injection control
permit from the federal Environmental Protection Agency pursuant to
the Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.), and who
has received that permit by July 1, 1986, in the following manner:
(1) The department shall accept a concurrent filing of the
hydrogeological assessment report required pursuant to Section
25159.18, the application for the hazardous waste facilities permit
filed pursuant to this section, and an application for an exemption
filed pursuant to subdivision (b) of Section 25159.15.
(2) The department shall grant or deny the hazardous waste
facilities permit within six months of the concurrent filing of a
completed application as specified in paragraph (1). However, the
department shall grant the hazardous waste facilities permit only if
the conditions in subdivision (a) are met.
25200.7. (a) On or before November 8, 1988, the department shall
take final action on each application for a hazardous waste
facilities permit submitted to the department before January 1, 1988,
by either issuing a final permit pursuant to the application or a
final denial of the application.
(b) Subdivision (a) applies only to hazardous waste facilities
which are operating under a grant of interim status on January 1,
1988, which use a land disposal method, as defined in subdivision (h)
of Section 25179.3, and which dispose of wastes regulated as
hazardous waste pursuant to the Resource Conservation and Recovery
Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.).
(c) On or before November 8, 1989, the department shall take final
action on each application for a hazardous waste facilities permit
to operate an incinerator facility which was submitted before
November 8, 1984, by either issuing a final permit pursuant to the
application or a final denial of the application.
(d) On or before November 8, 1992, the department shall take final
permit action on each application for a hazardous waste facilities
permit to operate any facility not otherwise subject to subdivision
(a) or (c) which was submitted before November 8, 1984. The
department shall issue a final hazardous waste facilities permit
pursuant to the application or issue a final denial of the
application.
(e) Interim status granted pursuant to Section 25200.5 to any
facility subject to subdivision (c) shall terminate on November 8,
1989, unless the owner or operator of the facility applied for a
final determination regarding the issuance of a hazardous waste
facilities permit by November 8, 1986.
(f) Interim status granted pursuant to Section 25200.5 to any
facility subject to subdivision (d) shall terminate on November 8,
1992, unless the owner or operator of the facility applied for a
final determination regarding the issuance of a hazardous waste
facilities permit by November 8, 1988.
(g) Subdivisions (c), (d), (e) and (f) do not apply to
applications for hazardous waste facilities permits to transfer,
treat, store, or dispose of non-RCRA hazardous wastes.
25200.8. Any applicant for a final hazardous waste facilities
permit pursuant to Section 25200 who receives a notice of deficiency
from the department concerning the permit application shall submit
the information specified in the notice of deficiency by the date
specified in the notice of deficiency or by a later alternative date
approved by the department. The department may initiate an
enforcement action pursuant to Section 25187 against any hazardous
waste facilities permit applicant who does not provide the
information specified in the notice of deficiency by the date
specified in the notice of deficiency or by a later alternative date
approved by the department. If an applicant does not respond to three
or more of these notices of deficiency regarding the same or
different deficiencies or responds with substantially incomplete or
substantially unsatisfactory information on three or more occasions,
the department shall, pursuant to regulations adopted by the
department, initiate proceedings to deny the permit application. This
section does not limit the department's authority to take action
concerning the permit application before sending three notices of
deficiency.
25200.9. The department shall not grant interim status for any
hazardous waste facility pursuant to Section 25200.5, unless either
of the following applies:
(a) The hazardous waste management activities at the facility were
not subject to the hazardous waste facilities permit requirements
until on or after January 1, 1990, and the hazardous waste facility
had been engaged in these activities before the date that the
activities at the facility became subject to hazardous waste facility
permit requirements.
(b) The hazardous waste management activities at the facility are
eligible for the department's standardized permit application
pursuant to Section 25201.6 and the hazardous waste facility was
engaged, or authorized to engage, in those activities on September 1,
1992.
25200.10. (a) For purposes of this section, "facility" means the
entire site that is under the control of the owner or operator
seeking a hazardous waste facilities permit.
(b) Except as provided in subdivisions (d) and (e), the
department, or a unified program agency approved to implement this
section pursuant to Section 25404.1, shall require, and any permit
issued by the department shall require, corrective action for all
releases of hazardous waste or constituents from a solid waste
management unit or a hazardous waste management unit at a facility
engaged in hazardous waste management, regardless of the time at
which waste was released at the facility. Any corrective action
required pursuant to this section shall require that corrective
action be taken beyond the facility boundary where necessary to
protect human health and safety or the environment, unless the owner
or operator demonstrates to the satisfaction of the department or the
unified program agency, whichever agency required the corrective
action, that despite the owner's or operator's best efforts, the
owner or operator is unable to obtain the necessary permission to
undertake this action. When corrective action cannot be completed
prior to issuance of the permit, the permit shall contain schedules
of compliance for corrective action and assurances of financial
responsibility for completing the corrective action.
(c) This section does not limit the department's authority, or a
unified program agency's authority pursuant to Chapter 6.11
(commencing with Section 25404), to require corrective action
pursuant to Section 25187.
(d) This section does not apply to a permit issued to a public
agency or person for the operation of a temporary household hazardous
waste collection facility pursuant to Article 10.8 (commencing with
Section 25218).
(e) Unless otherwise expressly required by another provision of
this chapter, the corrective action required by subdivision (a) does
not apply to a person who treats hazardous waste pursuant to
25200. (a) The department shall issue hazardous waste facilities
permits to use and operate one or more hazardous waste management
units at a facility that in the judgment of the department meet the
building standards published in the State Building Standards Code
relating to hazardous waste facilities and the other standards and
requirements adopted pursuant to this chapter. The department shall
impose conditions on each hazardous waste facilities permit
specifying the types of hazardous wastes that may be accepted for
transfer, storage, treatment, or disposal. The department may impose
any other conditions on a hazardous waste facilities permit that are
consistent with the intent of this chapter.
(b) The department may impose, as a condition of a hazardous waste
facilities permit, a requirement that the owner or operator of a
hazardous waste facility that receives hazardous waste from more than
one producer comply with any order of the director that prohibits
the facility operator from refusing to accept a hazardous waste based
on geographical origin that is authorized to be accepted and may be
accepted by the facility without extraordinary hazard.
(c) (1) (A) Any hazardous waste facilities permit issued by the
department shall be for a fixed term, which shall not exceed 10 years
for any land disposal facility, storage facility, incinerator, or
other treatment facility.
(B) Before the fixed term of a permit expires, the owner or
operator of a facility intending to extend the term of the facility's
permit shall submit a complete Part A application for a permit
renewal. At any time following the submittal of the Part A
application, the owner or operator of a facility shall submit a
complete Part B application, or any portion thereof, as well as any
other relevant information, as and when requested by the department.
To the extent not inconsistent with the federal act, when a complete
Part A renewal application, and any other requested information, has
been submitted before the end of the permit's fixed term, the permit
is deemed extended until the renewal application is approved or
denied and the owner or operator has exhausted all applicable rights
of appeal.
(C) This section does not limit or restrict the department's
authority to impose any additional or different conditions on an
extended permit that are necessary to protect human health and the
environment.
(D) In adopting new conditions for an extended permit, the
department shall follow the applicable permit modification procedures
specified in this chapter and the regulations adopted pursuant to
this chapter.
(E) When prioritizing pending renewal applications for processing
and in determining the need for any new conditions on an extended
permit, the department shall consider any input received from the
public.
(2) The department shall review each hazardous waste facilities
permit for a land disposal facility five years after the date of
issuance or reissuance, and shall modify the permit, as necessary, to
assure that the facility continues to comply with the currently
applicable requirements of this chapter and the regulations adopted
pursuant to this chapter.
(3) This subdivision does not prohibit the department from
reviewing, modifying, or revoking a permit at any time during its
term.
(d) (1) When reviewing any application for a permit renewal, the
department shall consider improvements in the state of control and
measurement technology as well as changes in applicable regulations.
(2) Each permit issued or renewed under this section shall contain
the terms and conditions that the department determines necessary to
protect human health and the environment.
(e) A permit issued pursuant to the federal act by the
Environmental Protection Agency in the state for which no state
hazardous waste facilities permit has been issued shall be deemed to
be a state permit enforceable by the department until a state permit
is issued. In addition to complying with the terms and conditions
specified in a federal permit deemed to be a state permit pursuant to
this section, an owner or operator who holds that permit shall
comply with the requirements of this chapter and the regulations
adopted by the department to implement this chapter.
25200.1. Notwithstanding Section 25200, the department shall not
issue a hazardous waste facility permit to a facility which commences
operation on or after January 1, 1987, unless the department
determines that the facility operator is in compliance with
regulations adopted by the department pursuant to this chapter
requiring that the operator provide financial assurance that the
operator can respond adequately to damage claims arising out of the
operation of the facility or the facility is exempt from these
financial assurance requirements pursuant to this chapter or the
regulations adopted by the department to implement this chapter.
25200.1.5. (a) The department may establish an administrative
process to certify hazardous waste environmental technologies that it
determines will not pose a significant potential hazard to human
health and safety or to the environment if they are used under
specified operating conditions. Hazardous waste environmental
technologies which may be certified shall include, but are not
limited to, hazardous waste management technologies, site mitigation
technologies, and waste minimization and pollution prevention
technologies. The certification process shall not be used for
hazardous waste incineration technologies. The certification shall
include all of the following:
(1) A statement of the technical specifications applicable to the
technology.
(2) A determination of the composition of the hazardous wastes or
chemical constituents for which the technology can appropriately be
used.
(3) An estimate of the efficacy and efficiency of the technology
in regard to the hazardous wastes or chemical constituents for which
it is certified.
(4) A specification of the minimal operational standards the
technology is required to meet to ensure that the certified
technology is managed properly and used safely.
(b) An applicant for certification of a hazardous waste
environmental technology shall provide the department with any
information required by the department to make a determination on the
application for certification.
(c) The department's proposed decision on an application for
certification of a hazardous waste environmental technology shall be
published in the California Regulatory Notice Register and shall be
subject to a 30-day comment period. The department's final decision
on an application for certification of a hazardous waste
environmental technology shall become effective not sooner than 30
days from the date of publication of the final decision in the
California Regulatory Notice Register.
(d) The department may decertify a hazardous waste environmental
technology if it determines, on the basis of any information, that
the hazardous waste environmental technology may pose a significant
potential hazard to human health and safety or to the environment.
The department may decertify a hazardous waste environmental
technology in accordance with the procedure set forth in subdivision
(c).
(e) The department's decision on an application for certification
under this section is exempt from the requirements of Chapter 3.5
(commencing with Section 11340), Chapter 4 (commencing with Section
11370), and Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, and shall not be
subject to the review and approval of the Office of Administrative
Law.
(f) Based on the determination made by the department pursuant to
subdivision (a), other local and state government permitting
authorities may take this certification process into consideration
when making their permitting decisions.
(g) (1) The department shall place appropriate conditions on any
certification granted pursuant to this section. Those conditions may
include, but are not limited to, all of the following:
(A) Limits on the types, volume, and concentration of waste
streams that may be employed with the technology.
(B) Operating requirements.
(C) Monitoring requirements.
(2) Any technology certified by the department pursuant to this
section may be eligible for authorization pursuant to permit-by-rule
or conditional authorization pursuant to Section 25200.3, or
conditional exemption pursuant to Section 25201.5, only if the
department determines that the use of that technology to handle the
waste stream or streams is demonstrated to be as safe and as
effective as the processes that are subject to regulation pursuant to
permit-by-rule or conditional authorization pursuant to Section
25200.3 or conditional exemption pursuant to Section 25201.5. A
certified technology determined to be eligible for authorization
pursuant to permit-by-rule shall, in addition to any conditions
placed on the certification pursuant to paragraph (1), operate in
accordance with all conditions of the certification and
permit-by-rule.
(3) In determining the placement of a technology certified
pursuant to this section for operation pursuant to permit-by-rule or
pursuant to a grant of conditional authorization under Section
25200.3 or conditional exemption under Section 25201.5, the
department shall, to the extent information is available, consider
all the following factors in making its determination:
(A) The hazardous waste streams that are treated using the
treatment methods and the hazards to human health and safety or the
environment posed by those hazardous wastes and their hazardous
constituents.
(B) The complexity of the treatment method, the degree of
difficulty in carrying it out, and the technology that is used to
carry it out.
(C) Chemical or physical hazards that are associated with the use
of the treatment process and the degree to which these hazards are
similar to, or differ from, the chemical or physical hazards that are
associated with the production processes that are carried out in the
facilities that produce the hazardous waste that is treated using
the treatment methods.
(D) The levels of specialized operator training, equipment
maintenance, and monitoring that are required to ensure the safety of
the treatment method and its effectiveness in treating particular
hazardous waste streams.
(E) The types of accidents that may occur during the treatment of
particular types of hazardous waste streams, the likely consequences
of those accidents, and the actual accident history associated with
use of the treatment method.
(h) The department shall charge fees to review and certify
environmental technologies pursuant to this section that are
sufficient to recover the actual costs of the department in reviewing
and approving the technology.
(i) The department shall implement a program to continually
monitor and oversee manufacturers and users of technologies certified
pursuant to this section, to ensure that the certified technologies
are operating in a manner which is not hazardous to human health and
safety or to the environment.
(j) The department shall adopt regulations to implement the
certification process.
25200.2. (a) The department shall develop a permitting process for
transportable hazardous waste treatment units for treating hazardous
waste in accordance with the federal act and in accordance with this
chapter for hazardous wastes that are not otherwise subject to the
federal act. The permitting process shall require the units to be
permitted pursuant to the regulations of the department for operation
pursuant to a permit-by-rule, a hazardous waste facilities permit,
or pursuant to the regulations of the department for operation under
a standardized permit adopted pursuant to Section 25201.6, whichever
the department determines to be appropriate, by regulation, depending
on the nature of the treatment units and the type of hazardous waste
to be treated, and without regard to whether the units are
determined to be onsite or offsite treatment units.
(b) (1) The operator of a transportable hazardous waste treatment
unit shall pay the same annual fee as facilities authorized to
operate pursuant to a permit-by-rule specified in subdivision (a) of
Section 25205.14. The operator of a unit is exempt from paying the
facility fee specified in Section 25205.2 for any year or reporting
period during which the unit was operating for any activity
authorized under permit, except as specified in subdivision (b) of
Section 25205.12.
(2) The department shall report on the actual costs of managing
the transportable hazardous waste treatment units in the annual
onsite treatment report required pursuant to subparagraph (D) of
paragraph (3) of subdivision (a) of Section 25171.5. Notwithstanding
paragraph (1), the Legislature may authorize the department to
recover the costs to manage the transportable treatment units should
the actual costs exceed the revenue raised by the fees specified in
Section 25205.14.
(c) A transportable hazardous waste treatment unit operating
pursuant to a hazardous waste facilities permit, a standardized
permit, or pursuant to the department's regulations for operation
under a permit-by-rule may operate at a facility for a period not to
exceed one year. If the owner or operator of the transportable
hazardous waste treatment unit shows cause, the department may
authorize up to two extensions of this period, of six months
duration, during which the transportable hazardous waste treatment
unit may operate at the facility, if the department reviews the
justification for the extension request after the first six-month
period.
(d) Notwithstanding any other provision of this section, if, as of
March 1, 1996, the department has not issued proposed regulations,
or has not adopted emergency regulations, to implement the changes
made to this section by the act adding this subdivision, until the
department issues or adopts those regulations, the department shall
regulate all transportable treatment units operating pursuant to a
permit-by-rule on January 1, 1996, pursuant to the regulations
adopted by the department with regard to permit-by-rule, and shall
regulate all transportable treatment units operating pursuant to a
hazardous waste facilities permit on January 1, 1996, pursuant to the
regulations providing for a standardized permit.
25200.3. (a) A generator who uses the following methods for
treating RCRA or non-RCRA hazardous waste in tanks or containers,
which is generated onsite, and which do not require a hazardous waste
facilities permit under the federal act, shall, for those
activities, be deemed to be operating pursuant to a grant of
conditional authorization without obtaining a hazardous waste
facilities permit or other grant of authorization and a generator is
deemed to be granted conditional authorization pursuant to this
section, upon compliance with the notification requirements specified
in subdivision (e), if the treatment complies with the applicable
requirements of this section:
(1) The treatment of aqueous wastes which are hazardous solely due
to the presence of inorganic constituents, except asbestos, listed
in subparagraph (B) of paragraph (1) and subparagraph (A) of
paragraph (2) of subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations, and which contain not more than
1400 ppm total of these constituents, using the following treatment
technologies:
(A) Phase separation, including precipitation, by filtration,
centrifugation, or gravity settling, including the use of
demulsifiers and flocculants in those processes.
(B) Ion exchange, including metallic replacement.
(C) Reverse osmosis.
(D) Adsorption.
(E) pH adjustment of aqueous waste with a pH of between 2.0 and
12.5.
(F) Electrowinning of solutions, if those solutions do not contain
hydrochloric acid.
(G) Reduction of solutions which are hazardous solely due to the
presence of hexavalent chromium, to trivalent chromium with sodium
bisulfite, sodium metabisulfite, sodium thiosulfite, ferrous
chloride, ferrous sulfate, ferrous sulfide, or sulfur dioxide,
provided that the solution contains less than 750 ppm of hexavalent
chromium.
(2) Treatment of aqueous wastes which are hazardous solely due to
the presence of organic constituents listed in subparagraph (B) of
paragraph (1), or subparagraph (B) of paragraph (2), of subdivision
(a) of Section 66261.24 of Title 22 of the California Code of
Regulations and which contain not more than 750 ppm total of those
constituents, using either of the following treatment technologies:
(A) Phase separation by filtration, centrifugation, or gravity
settling, but excluding supercritical fluid extraction.
(B) Adsorption.
(3) Treatment of wastes which are sludges resulting from
wastewater treatment, solid metal objects, and metal workings which
contain or are contaminated with, and are hazardous solely due to the
presence of, constituents, except asbestos, listed in subparagraph
(B) of paragraph (1) of, and subparagraph (A) of paragraph (2) of,
subdivision (a) of Section 66261.24 of Title 22 of the California
Code of Regulations, or treatment of wastes which are dusts which
contain, or are contaminated with, and are hazardous solely due to
the presence of, not more than 750 ppm total of those constituents,
except asbestos, listed in subparagraph (B) of paragraph (1) of, and
subparagraph (A) of paragraph (2) of, subdivision (a) of Section
66261.24 of Title 22 of the California Code of Regulations, using any
of the following treatment technologies:
(A) Physical processes which constitute treatment only because
they change the physical properties of the waste, such as filtration,
centrifugation, gravity settling, grinding, shredding, crushing, or
compacting.
(B) Drying to remove water.
(C) Separation based on differences in physical properties, such
as size, magnetism, or density.
(4) Treatment of alum, gypsum, lime, sulfur, or phosphate sludges,
using either of the following treatment technologies:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(5) Treatment of wastes listed in Section 66261.120 of Title 22 of
the California Code of Regulations, which meet the criteria and
requirements for special waste classification in Section 66261.122 of
Title 22 of the California Code of Regulations, using any of the
following treatment technologies, if the waste is hazardous solely
due to the presence of constituents, except asbestos, listed in
subparagraph (B) of paragraph (1) of, and subparagraph (A) of
paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations and the waste contains not more
than 750 ppm total of those constituents:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(C) Screening to separate components based on size.
(D) Separation based on differences in physical properties, such
as size, magnetism, or density.
(6) Treatment of wastes, except asbestos, which have been
classified by the department as special wastes pursuant to Section
66261.24 of Title 22 of the California Code of Regulations, using any
of the following treatment technologies, if the waste is hazardous
solely due to the presence of constituents, except asbestos, listed
in subparagraph (B) of paragraph (1) of, and subparagraph (A) of
paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations and the waste contains not more
than 750 ppm of those constituents:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(C) Magnetic separation.
(7) Treatment of soils which are hazardous solely due to the
presence of metals listed in subparagraph (A) of paragraph (2) of
subdivision (a) of Section 66261.24 of Title 22 of the California
Code of Regulations, using either of the following treatment
technologies:
(A) Screening to separate components based on size.
(B) Magnetic separation.
(8) Except as provided in Section 25201.5, treatment of oil mixed
with water and oil/water separation sludges, using any of the
following treatment technologies:
(A) Phase separation by filtration, centrifugation, or gravity
settling, but excluding supercritical fluid extraction. This phase
separation may include the use of demulsifiers and flocculants in
those processes, even if the processes involve the application of
heat, if the heat is applied in totally enclosed tanks and
containers, and if it does not exceed 160 degrees Fahrenheit, or any
lower temperature which may be set by the department.
(B) Separation based on differences in physical properties, such
as size, magnetism, or density.
(C) Reverse osmosis.
(9) Neutralization of acidic or alkaline wastes that are hazardous
only due to corrosivity or toxicity that results only from the
acidic or alkaline material, in elementary neutralization units, as
defined in Section 66260.10 of Title 22 of the California Code of
Regulations, if the wastes contain less than 10 percent acid or base
constituents by weight, and are treated in tanks or containers and
piping, constructed of materials compatible with the range of
temperatures and pH levels, and subject to appropriate pH and
temperature controls. If the waste contains more than 10 percent acid
or base constituents by weight, the volume treated in a single batch
at any one time shall not exceed 500 gallons.
(10) Treatment of spent cleaners and conditioners which are
hazardous solely due to the presence of copper or copper compounds,
subject to the following:
(A) The following requirements are met, in addition to all other
requirements of this section:
(i) The waste stream does not contain more than 5000 ppm total
copper.
(ii) The generator does not generate for treatment any more than
1000 gallons of the waste stream per month.
(iii) The treatment technologies employed are limited to those set
forth in paragraph (1) for metallic wastes.
(iv) The generator keeps records documenting compliance with this
subdivision, including records indicating the volume and
concentration of wastes treated, and the management of related
solutions which are not cleaners or conditioners.
(B) Cleaners and conditioners, for purposes of this paragraph, are
solutions containing surfactants and detergents to remove dirt and
foreign objects. Cleaners and conditioners do not include microetch,
etchant, plating, or metal stripping solutions or solutions
containing oxidizers, or any cleaner based on organic solvents.
(C) A grant of conditional authorization under this paragraph
shall expire on January 1, 1998, unless extended by the department
pursuant to this section.
(D) The department shall evaluate the treatment activities
described in this paragraph and shall designate, by regulation, not
later than January 1, 1997, those activities eligible for conditional
authorization and those activities subject to permit-by-rule. In
adopting regulations under this subparagraph, the department shall
consider all of the following:
(i) The volume of waste being treated.
(ii) The concentration of the hazardous waste constituents.
(iii) The characteristics of the hazardous waste being treated.
(iv) The risks of the operation, and breakdown, of the treatment
process.
(11) Any waste stream technology combination certified by the
department, pursuant to Section 25200.1.5, as suitable for
authorization pursuant to this section, that operates pursuant to the
conditions imposed on that certification.
(b) Any treatment performed pursuant to this section shall comply
with all of the following, except as to generators, who are treating
hazardous waste pursuant to paragraph (11) of subdivision (a), who
shall also comply with any additional conditions of the specified
certification if those conditions are different from those set forth
in this subdivision:
(1) The total volume of hazardous waste treated in the unit in any
calendar month shall not exceed 5,000 gallons or 45,000 pounds,
whichever is less, unless the waste is a dilute aqueous waste
described in paragraph (1), (2), or (9) of subdivision (a) or oily
wastes as described in paragraph (8) of subdivision (a). The
department may, by regulation, impose volume limitations on wastes
which have no limitations under this section, as may be necessary to
protect human health and safety or the environment.
(2) The treatment is conducted in tanks or containers.
(3) The treatment does not consist of the use of any of the
following:
(A) Chemical additives, except for pH adjustment, chrome
reduction, oil/water separation, and precipitation with the use of
flocculants, as allowed by this section.
(B) Radiation.
(C) Electrical current except in the use of electrowinning, as
allowed by this section.
(D) Pressure, except for reverse osmosis, filtration, and
crushing, as allowed by this section.
(E) Application of heat, except for drying to remove water or
demulsification, as allowed by this section.
(4) All treatment residuals and effluents are managed and disposed
of in accordance with applicable federal, state, and local
requirements.
(5) The treatment process does not do either of the following:
(A) Result in the release of hazardous waste into the environment
as a means of treatment or disposal.
(B) Result in the emission of volatile hazardous waste
constituents or toxic air contaminants, unless the emission is in
compliance with the rules and regulations of the air pollution
control district or air quality management district.
(6) The generator unit complies with any additional requirements
set forth in regulations adopted pursuant to this section.
(c) A generator operating pursuant to subdivision (a) shall comply
with all of the following requirements:
(1) Except as provided in paragraph (4), the generator shall
comply with the standards applicable to generators specified in
Chapter 12 (commencing with Section 66262.10) of Division 4.5 of
Title 22 of the California Code of Regulations and with the
applicable requirements in Sections 66265.12, 66265.14, and 66265.17
of Title 22 of the California Code of Regulations.
(2) The generator shall comply with Section 25202.9 by making an
annual waste minimization certification.
(3) The generator shall comply with the environmental assessment
procedures required pursuant to subdivisions (a) to (e), inclusive,
of Section 25200.14. If that assessment reveals that there is
contamination resulting from the release of hazardous waste or
constituents from a solid waste management unit or a hazardous waste
management unit at the generator's facility, regardless of the time
at which the waste was released, the generator shall take every
action necessary to expeditiously remediate that contamination, if
the contamination presents a substantial hazard to human health and
safety or the environment or if the generator is required to take
corrective action by the department. If a facility is remediating the
contamination pursuant to, and in compliance with the provisions of,
an order issued by a California regional water quality control board
or other state or federal environmental enforcement agency, that
remediation shall be adequate for the purposes of complying with this
section, as the remediation pertains to the jurisdiction of the
ordering agency. This paragraph does not limit the authority of the
department or a unified program agency pursuant to Section 25187 as
may be necessary to protect human health and safety or the
environment.
(4) The generator unit shall comply with container and tank
standards applicable to non-RCRA wastes, unless otherwise required by
federal law, specified in subdivisions (a) and (b) of Section
66264.175 of Title 22 of the California Code of Regulations, as the
standards apply to container storage and transfer activities, and to
Article 9 (commencing with Section 66265.170) and Article 10
(commencing with Section 66265.190) of Chapter 15 of Division 4.5 of
Title 22 of the California Code of Regulations, except for Section
66265.197 of Title 22 of the California Code of Regulations.
(A) Unless otherwise required by federal law, ancillary equipment
for a tank or container treating hazardous wastes solely pursuant to
this section, is not subject to Section 66265.193 of Title 22 of the
California Code of Regulations, if the ancillary equipment's
integrity is attested to, pursuant to Section 66265.191 of Title 22
of the California Code of Regulations, every two years from the date
that retrofitting requirements would otherwise apply.
(B) (i) The Legislature hereby finds and declares that in the case
of underground, gravity-pressured sewer systems, integrity testing
is often not feasible.
(ii) The best feasible leak detection measures which are
sufficient to ensure that underground gravity-pressured sewer
systems, for which it is not feasible to conduct integrity testing,
do not leak.
(iii) If it is not feasible for an operator's ancillary equipment,
or a portion thereof, to undergo integrity testing, the operator
shall not be subject to Section 66265.193 of Title 22 of the
California Code of Regulations, if the operator implements the best
feasible leak detection measures which are determined to be
sufficient by the department in those regulations, and those leak
detection measures do not reveal any leaks emanating from the
operator's ancillary equipment. Any ancillary equipment found to leak
shall be retrofitted by the operator to meet the secondary
containment standards of Section 66265.196 of Title 22 of the
California Code of Regulations.
(5) The generator shall prepare and maintain a written inspection
schedule and a log of inspections conducted.
(6) The generator shall prepare and maintain written operating
instructions and a record of the dates, concentrations, amounts, and
types of waste treated. Records maintained to comply with the state,
federal, or local programs may be used to satisfy this requirement,
to the extent that those documents substantially comply with the
requirements of this section. The operating instructions shall
include, but not be limited to, directions regarding all of the
following:
(A) How to operate the treatment unit and carry out waste
treatment.
(B) How to recognize potential and actual process upsets and
respond to them.
(C) When to implement the contingency plan.
(D) How to determine if the treatment has been efficacious.
(E) How to address the residuals of waste treatment.
(7) The generator shall maintain adequate records to demonstrate
to the department and the unified program agency that the
requirements and conditions of this section are met, including
compliance with all applicable pretreatment standards and with all
applicable industrial waste discharge requirements issued by the
agency operating the publicly owned treatment works into which the
wastes are discharged. The records shall be maintained onsite for a
period of five years.
(8) The generator shall treat only hazardous waste which is
generated onsite. For purposes of this chapter, a residual material
from the treatment of a hazardous waste generated offsite is not a
waste that has been generated onsite.
(9) Except as provided in Section 25404.5, the generator shall
submit a fee to the State Board of Equalization in the amount
required by Section 25205.14, unless the generator is subject to a
fee under a permit-by-rule. The generator shall submit that fee
within 30 days of the date that the fee is assessed by the State
Board of Equalization.
(d) Notwithstanding any other provision of law, the following
activities are ineligible for conditional authorization:
(1) Treatment in any of the following units:
(A) Landfills.
(B) Surface impoundments.
(C) Injection wells.
(D) Waste piles.
(E) Land treatment units.
(2) Commingling of hazardous waste with any hazardous waste that
exceeds the concentration limits or pH limits specified in
subdivision (a), or diluting hazardous waste in order to meet the
concentration limits or pH limits specified in subdivision (a).
(3) Treatment using a treatment process not specified in
subdivision (a).
(4) Pretreatment or posttreatment activities not specified in
subdivision (a).
(5) Treatment of any waste which is reactive or extremely
hazardous.
(e) (1) Not less than 60 days prior to commencing the first
treatment of hazardous waste under this section, the generator shall
submit a notification, in person or by certified mail, with return
receipt requested, to the department and to one of the following:
(A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(B) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
(2) Upon demonstration of good cause by the generator, the
department may allow a shorter time period, than the 60 days required
by paragraph (1), between notification and commencement of hazardous
waste treatment pursuant to this section.
(3) Each notification submitted pursuant to this subdivision shall
be completed, dated, and signed according to the requirements of
Section 66270.11 of Title 22 of the California Code of Regulations,
as those requirements that were in effect on January 1, 1996, and
apply to hazardous waste facilities permit applications, shall be on
a form prescribed by the department, and shall include, but not be
limited to, all of the following information:
(A) The name, identification number, site address, mailing
address, and telephone number of the generator to whom the
conditional authorization is granted.
(B) A description of the physical characteristics and chemical
composition of the hazardous waste to which the conditional
authorization applies.
(C) A description of the hazardous waste treatment activity to
which the conditional authorization applies, including the basis for
determining that a hazardous waste facilities permit is not required
under the federal act.
(D) A description of the characteristics and management of any
treatment residuals.
(E) Documentation of any convictions, judgments, settlements, or
orders resulting from an 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 Division 7 of Title 1
of the Government Code) or the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
the Civil Code). For purposes of this paragraph, a notice of
violation for any local, state, or federal agency does not constitute
an order and a generator is not required to report the notice unless
the violation is not corrected and the notice becomes a final order.
(f) Any generator operating pursuant to a grant of conditional
authorization shall comply with all regulations adopted by the
department relating to generators of hazardous waste.
(g) (1) Upon terminating operation of any treatment process or
unit conditionally authorized pursuant to this section, the generator
conducting treatment pursuant to this section shall remove or
decontaminate all waste residues, containment system components,
soils, and structures or equipment contaminated with hazardous waste
from the unit. The removal of the unit from service shall be
conducted in a manner that does both of the following:
(A) Minimizes the need for further maintenance.
(B) Eliminates the escape of hazardous waste, hazardous
constituents, leachate, contaminated runoff, or waste decomposition
products to the environment after the treatment process is no longer
in operation.
(2) Any generator conducting treatment pursuant to this section
who permanently ceases operation of a treatment process or unit that
is conditionally authorized pursuant to this section shall, upon
completion of all activities required under this subdivision, provide
written notification, in person or by certified mail, with return
receipt requested, to the department and to one of the following:
(A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(B) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
(h) In adopting regulations pursuant to this section, the
department may impose any further restrictions or limitations
consistent with the conditionally authorized status conferred by this
section which are necessary to protect human health and safety and
the environment.
(i) The department may revoke any conditional authorization
granted pursuant to this section. The department shall base a
revocation on any one of the causes set forth in subdivision (a) of
Section 66270.43 of Title 22 of the California Code of Regulations or
in Section 25186, or upon a finding that operation of the facility
in question will endanger human health and safety, domestic
livestock, wildlife, or the environment. The department shall conduct
the revocation of a conditional authorization granted pursuant to
this section in accordance with Chapter 21 (commencing with Section
66271.1) of Division 4.5 of Title 22 of the California Code of
Regulations and as specified in Section 25186.7.
(j) A generator who would otherwise be subject to this section may
contract with the operator of a transportable treatment unit who is
operating pursuant to a permit-by-rule, a standardized permit, or a
full state hazardous waste facilities permit to treat the generator's
waste. If treatment of the generator's waste takes place under such
a contract, the generator is not otherwise subject to the
requirements of this section, but shall comply with all other
requirements of this chapter that apply to generators. The operator
of the transportable treatment unit that performs onsite treatment
pursuant to this subdivision shall comply with all requirements
applicable to transportable treatment units operating pursuant to a
permit-by-rule, as set forth in the regulations adopted by the
department.
(k) (1) Within 30 days of any change in operation which
necessitates modifying any of the information submitted in the
notification required pursuant to subdivision (e), a generator shall
submit an amended notification, in person or by certified mail, with
return receipt requested, to the department and to one of the
following:
(A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(B) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
(2) Each amended notification shall be completed, dated, and
signed in accordance with the requirements of Section 66270.11 of
Title 22 of the California Code of Regulations, as those requirements
apply to hazardous waste facilities permit applications.
( l) A person who has submitted a notification to the department
pursuant to subdivision (e) shall be deemed to be operating pursuant
to this section, and, except as provided in Section 25404.5, shall be
subject to the fee set forth in subdivision (a) of Section 25205.14
until that person submits a certification that the generator has
ceased all treatment activities of hazardous waste streams authorized
pursuant to this section in accordance with the requirements of
subdivision (g). The certification required by this subdivision shall
be submitted, in person or by certified mail, with return receipt
requested, to the department and to one of the following:
(1) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(2) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
(m) The development and publication of the notification form
specified in subdivision (e) is not subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The department shall hold at least one public
workshop concerning the development of the notification form.
25200.3.1. (a) For purposes of this section, the following
definitions apply:
(1) "Laboratory" means a workplace where relatively small
quantities of hazardous chemicals are handled or used in a manner
that meets all of the following criteria:
(A) Chemical reactions, transfers, and handling are carried out
using containers that are designed to be easily and safely
manipulated by one person.
(B) Protective laboratory practices and equipment are available
and in common use to minimize the potential for laboratory worker
exposure to hazardous chemicals.
(C) The chemical procedures conducted in the laboratory meet all
of the following criteria:
(i) The chemical procedures are conducted for purposes of
education, research, chemical analysis, clinical testing, or product
development, testing, or quality control.
(ii) The chemical procedures are not part of the actual commercial
production of chemicals or other products, and are not part of
production development activities, unless the activities are
conducted on the scale of a research laboratory.
(iii) The chemical procedures are not part of the treatment of
hazardous waste, other than the treatment of laboratory hazardous
waste pursuant to subdivision (c).
(2) "Laboratory accumulation area" means the area where laboratory
hazardous wastes are accumulated pursuant to subdivision (b). The
laboratory accumulation area may be located in the room in which the
accumulated laboratory hazardous wastes are generated or in another
onsite location.
(3) "Laboratory hazardous waste" means hazardous waste generated
in a laboratory by chemical procedures meeting the criteria specified
in subparagraph (C) of paragraph (1).
(b) Notwithstanding paragraph (1) of subdivision (d) of Section
25123.3, and except as otherwise required by the federal act, up to
55 gallons of laboratory hazardous waste, or one quart of laboratory
hazardous waste that is acutely hazardous waste, may be accumulated
onsite in a laboratory accumulation area that is located as close as
is practical to the location where the laboratory hazardous waste is
generated, if all of the following conditions are met:
(1) The laboratory accumulation area is managed under the control
of one or more designated personnel who have received training
commensurate with their responsibilities and authority for managing
laboratory hazardous wastes, and unsupervised access to the
laboratory accumulation area is limited to personnel who have
received training commensurate with their responsibilities and
authority for managing laboratory hazardous wastes.
(2) The laboratory hazardous wastes are managed so as to ensure
that incompatible laboratory hazardous wastes are not mixed, and are
otherwise prevented from coming in contact with each other. However,
incompatible laboratory hazardous wastes may be mixed together during
treatment meeting the requirements of subdivision (c), if one
laboratory hazardous waste is being used to treat another laboratory
hazardous waste pursuant to procedures identified in paragraph (1) of
subdivision (c).
(3) The amount of laboratory hazardous wastes accumulated in the
laboratory accumulation area is appropriate for the space limitations
and the need to safely manage the containers and separate
incompatible laboratory hazardous wastes.
(4) All of the requirements of subdivision (d) of Section 25123.3
are met, except for the requirements of paragraph (1) of subdivision
(d) of Section 25123.3.
(c) Notwithstanding any other provision of law, and except as
otherwise required by the federal act, a hazardous waste facilities
permit or other grant of authorization from the department is not
required for treatment of laboratory hazardous waste generated
onsite, if all of the following requirements are met:
(1) The laboratory hazardous waste is treated in containers using
recommended procedures and quantities for treatment of laboratory
wastes published by the National Research Council or procedures for
treatment of laboratory wastes published in peer-reviewed scientific
journals.
(2) The laboratory hazardous waste is treated at a location that
is as close as is practical to the location where the laboratory
hazardous waste is generated, and the treatment is conducted within
10 calendar days after the date the laboratory hazardous waste is
generated.
(3) The amount of laboratory hazardous waste treated in a single
batch does not exceed the quantity limitation specified in
subparagraph (A) or (B), whichever is the smaller quantity:
(A) Five gallons or 18 kilograms, whichever is greater.
(B) (i) Except as otherwise provided in clause (ii), the quantity
limit recommended in the procedures published by the National
Research Council or in other peer-reviewed scientific journals for
the treatment procedure being used.
(ii) Except as otherwise specified in subparagraph (A), the amount
of laboratory hazardous waste treated in a single batch may exceed
the quantity limit specified in clause (i) if a qualified chemist has
demonstrated that the larger quantity can be safely treated, and
documentation of the demonstration is maintained onsite. The
documentation shall be made available for inspection upon request by
a representative of the department or the CUPA, or if there is no
CUPA, the agency authorized pursuant to subdivision (f) of Section
25404.3.
(4) The laboratory hazardous waste treated is from a single
procedure, or set of procedures that are part of the same laboratory
process.
(5) The person performing the treatment has knowledge of the
laboratory hazardous waste being treated, including knowledge of the
procedure that generated the laboratory hazardous waste, and has
received hazardous waste training, including how to conduct the
treatment, manage treatment residuals, and respond effectively to
emergency situations.
(6) Training records for all persons performing treatment of
laboratory hazardous wastes pursuant to this subdivision are
maintained for a minimum of three years.
(7) The laboratory hazardous waste is managed in accordance with
applicable requirements for generators accumulating laboratory
hazardous waste under this chapter and the regulations adopted by the
department, and all treatment residuals and effluents are managed in
accordance with applicable federal, state and local requirements.
(8) All records maintained by the laboratory pertaining to
treatment conducted pursuant to this subdivision are made available
for inspection upon request by a representative of the department or
the CUPA, or if there is no CUPA, the agency authorized pursuant to
subdivision (f) of Section 25404.3.
(d) For laboratory hazardous wastes that contain radioactive
material, the requirements of this section apply in addition to, but
do not supercede, applicable federal and state requirements governing
the management of radioactive materials.
(e) The department may adopt regulations that specify additional
requirements for accumulating laboratory hazardous wastes pursuant to
subdivision (b) or treating laboratory hazardous wastes pursuant to
subdivision (c), if the department determines these additional
requirements are necessary for protection of public health and the
environment.
25200.4. (a) Any application for a hazardous waste facilities
permit or other grant of authorization to use and operate a hazardous
waste facility made pursuant to this article, except for an
application made by a federal, state, or local agency, shall include
a disclosure statement, as defined in Section 25112.5.
(b) The requirements of this section do not apply to a person
operating pursuant to a permit-by-rule, conditional authorization, or
conditional exemption.
(c) Notwithstanding subdivision (a), an applicant for a series C
standardized permit, as specified in Section 25201.6, shall submit a
disclosure statement to the department only upon request.
25200.5. (a) Except as provided in Sections 25200.7 and 25200.9,
any person who desires to continue the use or operation of a
hazardous waste facility which was in existence on November 19, 1980,
or which was in existence on the effective date of any statute or
regulation which subjected that facility to hazardous waste
facilities permit requirements under this chapter, pending the review
and decision of the department on the permit application, may be
granted interim status by the department if the person has made
application for a permit pursuant to Section 25200, or has made
application pursuant to Section 25201.6, and, if treating a waste
regulated pursuant to the federal act, has complied with the
requirements of subsection (a) of Section 6930 of Title 42 of the
United States Code.
(b) The person operating under an interim status pursuant to this
section shall not do any of the following acts:
(1) Treat, store, transfer, or dispose of hazardous wastes which
are not specified in Part A of the permit application.
(2) Employ processes not described in Part A of the permit
application.
(3) Exceed the design capacities specified in Part A of the permit
application.
(c) A facility operating under interim status is not subject to
civil or criminal penalties for operating without a permit, but is
otherwise subject to this chapter and the rules, regulations,
standards, and requirements issued or adopted pursuant to this
chapter. Interim status may be granted subject to any conditions
which the department deems necessary to protect public health or the
environment. Interim status shall not be valid beyond the date of the
decision of the department on the permit application.
(d) The department shall not grant interim status to any person to
operate a hazardous waste facility if the facility has been subject
to any of the following actions:
(1) Denial of a hazardous waste facilities permit.
(2) Suspension, revocation, or termination of a hazardous waste
facilities permit.
(3) Termination of a grant of interim status.
(e) For purposes of this section, "Part A of the permit
application" has the same meaning as defined in Section 66151 of
Title 22 of the California Code of Regulations, as that section read
on January 1, 1988.
(f) Any land disposal facility, as defined in subdivision (h) of
Section 25179.3, which lost interim status pursuant to paragraph (2)
or (3) of subsection (e) of Section 6925 of Title 42 of the United
States Code is deemed to have lost interim status granted under this
section to operate a facility managing hazardous waste regulated
pursuant to the Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C. Sec. 6901 et seq.).
(g) The termination date for interim status for any land disposal
facility, as defined in subdivision (h) of Section 25179.3, which is
in existence on the effective date of any statute or the regulation
adopted pursuant to that statute which subjects the facility to
hazardous waste facilities permit requirements under this chapter,
and which is granted interim status under this section, is the date
12 months after the date on which the facility first becomes subject
to the hazardous waste facilities permit requirements, unless one of
the following applies:
(1) Part A of the facility's permit application specifies that
only non-RCRA hazardous waste will be disposed of at the facility, in
which case the facility is subject to the termination date specified
in Section 25200.11, if the facility is subject to Section 25200.11.
(2) The owner or operator of the facility does both of the
following:
(A) Applies for a final determination regarding the issuance of a
hazardous waste facilities permit under Section 25200 for the
facility before the date 12 months after the date on which the
facility first becomes subject to the hazardous waste facilities
permit requirements.
(B) Certifies that the facility is in compliance with all
applicable groundwater monitoring and financial responsibility
requirements.
(h) The termination date for interim status for any incinerator
facility which submitted an application for a hazardous waste
facilities permit before November 8, 1984, is November 8, 1989,
unless one of the following applies:
(1) Part A of the facility's permit application specifies that
only non-RCRA hazardous waste will be incinerated at the facility, in
which case the facility is subject to the termination date specified
in Section 25200.11, if the facility is subject to Section 25200.11.
(2) The owner or operator of the facility applied for a final
determination regarding the issuance of a hazardous waste facilities
permit under Section 25200 for the facility on or before November 8,
1986.
(i) The termination date for interim status for any facility,
other than a facility specified in subdivision (g) or (h), which
submitted an application for a hazardous waste facilities permit
before November 8, 1984, is November 8, 1992, unless one of the
following applies:
(1) Part A of the facility's permit application specifies that
only non-RCRA hazardous waste will be transferred, treated, or stored
at the facility, and the facility is in compliance with its Part A
application, in which case the facility is subject to the termination
date specified in Section 25200.11, if the facility is subject to
Section 25200.11.
(2) The owner or operator of the facility applied for a final
determination regarding the issuance of a hazardous waste facilities
permit under Section 25200 for the facility on or before November 8,
1988.
(j) On or before July 1, 1993, the department shall take final
action on each application for a hazardous waste facilities permit,
to be issued pursuant to Section 25200, which was filed before
November 8, 1984, for an offsite hazardous waste facility subject to
subdivision (i), and not subject to Section 25200.7 or 25200.11. In
taking final action pursuant to this subdivision, the department
shall either issue the hazardous waste facilities permit or make a
final denial of the application.
(k) (1) Notwithstanding any other provision of law or regulation,
except as provided in paragraph (2), a hazardous waste facility
operating pursuant to this section shall comply with the requirements
of Article 4 (commencing with Section 66270.40) of Chapter 20 of
Division 4.5 of Title 22 of the California Code of Regulations.
(2) The requirements of paragraph (1) do not apply to an inactive
facility that is no longer accepting offsite hazardous waste and that
has notified the department of its intent to close.
25200.6. (a) The department shall not issue a hazardous waste
facilities permit for an injection well or for the discharge of
hazardous waste into an injection well unless all of the following
conditions are met:
(1) A hydrogeological assessment report has been approved pursuant
to Section 25159.18.
(2) The groundwater monitoring required by Section 25159.16 is
included as a permit condition.
(3) The department finds that the hazardous wastes to be
discharged cannot be reasonably and adequately reduced, treated, or
disposed of by an alternative method other than well injection. This
finding shall be in writing and shall be supported by evidence citing
specific evidence presented to the department or evidence that is
otherwise made available to the department. The department shall
provide public notice and opportunity for comment before making this
finding.
(4) The horizontal and vertical extent of the permitted injection
zone specified pursuant to Section 25159.20 is included as a permit
condition.
(5) The permit complies with and incorporates as a permit
condition any waste discharge requirements issued by the state board
or a regional board and the permit is consistent with all applicable
water quality control plans adopted pursuant to Section 13170 of the
Water Code and Article 3 (commencing with Section 13240) of Chapter 4
of Division 7 of the Water Code and with the state policies for
water quality control adopted pursuant to Article 3 (commencing with
Section 13140) of Chapter 3 of Division 7 of the Water Code, and any
amendments made to these plans, policies, or requirements. The
department may also include any more stringent requirement that the
department determines is necessary or appropriate to protect water
quality.
(b) Notwithstanding the requirement to submit a hydrogeological
assessment report before application for a hazardous waste facility
permit under Section 25159.18, or notwithstanding the requirement to
have a hazardous waste facility permit or an approved hydrogeological
assessment report before application for an exemption pursuant to
subdivision (b) of Section 25159.15, the department shall process any
applications for a hazardous waste facility permit to construct a
new injection well from any person who has applied between May 15,
1984, and December 31, 1984, for an underground injection control
permit from the federal Environmental Protection Agency pursuant to
the Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.), and who
has received that permit by July 1, 1986, in the following manner:
(1) The department shall accept a concurrent filing of the
hydrogeological assessment report required pursuant to Section
25159.18, the application for the hazardous waste facilities permit
filed pursuant to this section, and an application for an exemption
filed pursuant to subdivision (b) of Section 25159.15.
(2) The department shall grant or deny the hazardous waste
facilities permit within six months of the concurrent filing of a
completed application as specified in paragraph (1). However, the
department shall grant the hazardous waste facilities permit only if
the conditions in subdivision (a) are met.
25200.7. (a) On or before November 8, 1988, the department shall
take final action on each application for a hazardous waste
facilities permit submitted to the department before January 1, 1988,
by either issuing a final permit pursuant to the application or a
final denial of the application.
(b) Subdivision (a) applies only to hazardous waste facilities
which are operating under a grant of interim status on January 1,
1988, which use a land disposal method, as defined in subdivision (h)
of Section 25179.3, and which dispose of wastes regulated as
hazardous waste pursuant to the Resource Conservation and Recovery
Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.).
(c) On or before November 8, 1989, the department shall take final
action on each application for a hazardous waste facilities permit
to operate an incinerator facility which was submitted before
November 8, 1984, by either issuing a final permit pursuant to the
application or a final denial of the application.
(d) On or before November 8, 1992, the department shall take final
permit action on each application for a hazardous waste facilities
permit to operate any facility not otherwise subject to subdivision
(a) or (c) which was submitted before November 8, 1984. The
department shall issue a final hazardous waste facilities permit
pursuant to the application or issue a final denial of the
application.
(e) Interim status granted pursuant to Section 25200.5 to any
facility subject to subdivision (c) shall terminate on November 8,
1989, unless the owner or operator of the facility applied for a
final determination regarding the issuance of a hazardous waste
facilities permit by November 8, 1986.
(f) Interim status granted pursuant to Section 25200.5 to any
facility subject to subdivision (d) shall terminate on November 8,
1992, unless the owner or operator of the facility applied for a
final determination regarding the issuance of a hazardous waste
facilities permit by November 8, 1988.
(g) Subdivisions (c), (d), (e) and (f) do not apply to
applications for hazardous waste facilities permits to transfer,
treat, store, or dispose of non-RCRA hazardous wastes.
25200.8. Any applicant for a final hazardous waste facilities
permit pursuant to Section 25200 who receives a notice of deficiency
from the department concerning the permit application shall submit
the information specified in the notice of deficiency by the date
specified in the notice of deficiency or by a later alternative date
approved by the department. The department may initiate an
enforcement action pursuant to Section 25187 against any hazardous
waste facilities permit applicant who does not provide the
information specified in the notice of deficiency by the date
specified in the notice of deficiency or by a later alternative date
approved by the department. If an applicant does not respond to three
or more of these notices of deficiency regarding the same or
different deficiencies or responds with substantially incomplete or
substantially unsatisfactory information on three or more occasions,
the department shall, pursuant to regulations adopted by the
department, initiate proceedings to deny the permit application. This
section does not limit the department's authority to take action
concerning the permit application before sending three notices of
deficiency.
25200.9. The department shall not grant interim status for any
hazardous waste facility pursuant to Section 25200.5, unless either
of the following applies:
(a) The hazardous waste management activities at the facility were
not subject to the hazardous waste facilities permit requirements
until on or after January 1, 1990, and the hazardous waste facility
had been engaged in these activities before the date that the
activities at the facility became subject to hazardous waste facility
permit requirements.
(b) The hazardous waste management activities at the facility are
eligible for the department's standardized permit application
pursuant to Section 25201.6 and the hazardous waste facility was
engaged, or authorized to engage, in those activities on September 1,
1992.
25200.10. (a) For purposes of this section, "facility" means the
entire site that is under the control of the owner or operator
seeking a hazardous waste facilities permit.
(b) Except as provided in subdivisions (d) and (e), the
department, or a unified program agency approved to implement this
section pursuant to Section 25404.1, shall require, and any permit
issued by the department shall require, corrective action for all
releases of hazardous waste or constituents from a solid waste
management unit or a hazardous waste management unit at a facility
engaged in hazardous waste management, regardless of the time at
which waste was released at the facility. Any corrective action
required pursuant to this section shall require that corrective
action be taken beyond the facility boundary where necessary to
protect human health and safety or the environment, unless the owner
or operator demonstrates to the satisfaction of the department or the
unified program agency, whichever agency required the corrective
action, that despite the owner's or operator's best efforts, the
owner or operator is unable to obtain the necessary permission to
undertake this action. When corrective action cannot be completed
prior to issuance of the permit, the permit shall contain schedules
of compliance for corrective action and assurances of financial
responsibility for completing the corrective action.
(c) This section does not limit the department's authority, or a
unified program agency's authority pursuant to Chapter 6.11
(commencing with Section 25404), to require corrective action
pursuant to Section 25187.
(d) This section does not apply to a permit issued to a public
agency or person for the operation of a temporary household hazardous
waste collection facility pursuant to Article 10.8 (commencing with
Section 25218).
(e) Unless otherwise expressly required by another provision of
this chapter, the corrective action required by subdivision (a) does
not apply to a person who treats hazardous waste pursuant to
25200. (a) The department shall issue hazardous waste facilities
permits to use and operate one or more hazardous waste management
units at a facility that in the judgment of the department meet the
building standards published in the State Building Standards Code
relating to hazardous waste facilities and the other standards and
requirements adopted pursuant to this chapter. The department shall
impose conditions on each hazardous waste facilities permit
specifying the types of hazardous wastes that may be accepted for
transfer, storage, treatment, or disposal. The department may impose
any other conditions on a hazardous waste facilities permit that are
consistent with the intent of this chapter.
(b) The department may impose, as a condition of a hazardous waste
facilities permit, a requirement that the owner or operator of a
hazardous waste facility that receives hazardous waste from more than
one producer comply with any order of the director that prohibits
the facility operator from refusing to accept a hazardous waste based
on geographical origin that is authorized to be accepted and may be
accepted by the facility without extraordinary hazard.
(c) (1) (A) Any hazardous waste facilities permit issued by the
department shall be for a fixed term, which shall not exceed 10 years
for any land disposal facility, storage facility, incinerator, or
other treatment facility.
(B) Before the fixed term of a permit expires, the owner or
operator of a facility intending to extend the term of the facility's
permit shall submit a complete Part A application for a permit
renewal. At any time following the submittal of the Part A
application, the owner or operator of a facility shall submit a
complete Part B application, or any portion thereof, as well as any
other relevant information, as and when requested by the department.
To the extent not inconsistent with the federal act, when a complete
Part A renewal application, and any other requested information, has
been submitted before the end of the permit's fixed term, the permit
is deemed extended until the renewal application is approved or
denied and the owner or operator has exhausted all applicable rights
of appeal.
(C) This section does not limit or restrict the department's
authority to impose any additional or different conditions on an
extended permit that are necessary to protect human health and the
environment.
(D) In adopting new conditions for an extended permit, the
department shall follow the applicable permit modification procedures
specified in this chapter and the regulations adopted pursuant to
this chapter.
(E) When prioritizing pending renewal applications for processing
and in determining the need for any new conditions on an extended
permit, the department shall consider any input received from the
public.
(2) The department shall review each hazardous waste facilities
permit for a land disposal facility five years after the date of
issuance or reissuance, and shall modify the permit, as necessary, to
assure that the facility continues to comply with the currently
applicable requirements of this chapter and the regulations adopted
pursuant to this chapter.
(3) This subdivision does not prohibit the department from
reviewing, modifying, or revoking a permit at any time during its
term.
(d) (1) When reviewing any application for a permit renewal, the
department shall consider improvements in the state of control and
measurement technology as well as changes in applicable regulations.
(2) Each permit issued or renewed under this section shall contain
the terms and conditions that the department determines necessary to
protect human health and the environment.
(e) A permit issued pursuant to the federal act by the
Environmental Protection Agency in the state for which no state
hazardous waste facilities permit has been issued shall be deemed to
be a state permit enforceable by the department until a state permit
is issued. In addition to complying with the terms and conditions
specified in a federal permit deemed to be a state permit pursuant to
this section, an owner or operator who holds that permit shall
comply with the requirements of this chapter and the regulations
adopted by the department to implement this chapter.
25200.1. Notwithstanding Section 25200, the department shall not
issue a hazardous waste facility permit to a facility which commences
operation on or after January 1, 1987, unless the department
determines that the facility operator is in compliance with
regulations adopted by the department pursuant to this chapter
requiring that the operator provide financial assurance that the
operator can respond adequately to damage claims arising out of the
operation of the facility or the facility is exempt from these
financial assurance requirements pursuant to this chapter or the
regulations adopted by the department to implement this chapter.
25200.1.5. (a) The department may establish an administrative
process to certify hazardous waste environmental technologies that it
determines will not pose a significant potential hazard to human
health and safety or to the environment if they are used under
specified operating conditions. Hazardous waste environmental
technologies which may be certified shall include, but are not
limited to, hazardous waste management technologies, site mitigation
technologies, and waste minimization and pollution prevention
technologies. The certification process shall not be used for
hazardous waste incineration technologies. The certification shall
include all of the following:
(1) A statement of the technical specifications applicable to the
technology.
(2) A determination of the composition of the hazardous wastes or
chemical constituents for which the technology can appropriately be
used.
(3) An estimate of the efficacy and efficiency of the technology
in regard to the hazardous wastes or chemical constituents for which
it is certified.
(4) A specification of the minimal operational standards the
technology is required to meet to ensure that the certified
technology is managed properly and used safely.
(b) An applicant for certification of a hazardous waste
environmental technology shall provide the department with any
information required by the department to make a determination on the
application for certification.
(c) The department's proposed decision on an application for
certification of a hazardous waste environmental technology shall be
published in the California Regulatory Notice Register and shall be
subject to a 30-day comment period. The department's final decision
on an application for certification of a hazardous waste
environmental technology shall become effective not sooner than 30
days from the date of publication of the final decision in the
California Regulatory Notice Register.
(d) The department may decertify a hazardous waste environmental
technology if it determines, on the basis of any information, that
the hazardous waste environmental technology may pose a significant
potential hazard to human health and safety or to the environment.
The department may decertify a hazardous waste environmental
technology in accordance with the procedure set forth in subdivision
(c).
(e) The department's decision on an application for certification
under this section is exempt from the requirements of Chapter 3.5
(commencing with Section 11340), Chapter 4 (commencing with Section
11370), and Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, and shall not be
subject to the review and approval of the Office of Administrative
Law.
(f) Based on the determination made by the department pursuant to
subdivision (a), other local and state government permitting
authorities may take this certification process into consideration
when making their permitting decisions.
(g) (1) The department shall place appropriate conditions on any
certification granted pursuant to this section. Those conditions may
include, but are not limited to, all of the following:
(A) Limits on the types, volume, and concentration of waste
streams that may be employed with the technology.
(B) Operating requirements.
(C) Monitoring requirements.
(2) Any technology certified by the department pursuant to this
section may be eligible for authorization pursuant to permit-by-rule
or conditional authorization pursuant to Section 25200.3, or
conditional exemption pursuant to Section 25201.5, only if the
department determines that the use of that technology to handle the
waste stream or streams is demonstrated to be as safe and as
effective as the processes that are subject to regulation pursuant to
permit-by-rule or conditional authorization pursuant to Section
25200.3 or conditional exemption pursuant to Section 25201.5. A
certified technology determined to be eligible for authorization
pursuant to permit-by-rule shall, in addition to any conditions
placed on the certification pursuant to paragraph (1), operate in
accordance with all conditions of the certification and
permit-by-rule.
(3) In determining the placement of a technology certified
pursuant to this section for operation pursuant to permit-by-rule or
pursuant to a grant of conditional authorization under Section
25200.3 or conditional exemption under Section 25201.5, the
department shall, to the extent information is available, consider
all the following factors in making its determination:
(A) The hazardous waste streams that are treated using the
treatment methods and the hazards to human health and safety or the
environment posed by those hazardous wastes and their hazardous
constituents.
(B) The complexity of the treatment method, the degree of
difficulty in carrying it out, and the technology that is used to
carry it out.
(C) Chemical or physical hazards that are associated with the use
of the treatment process and the degree to which these hazards are
similar to, or differ from, the chemical or physical hazards that are
associated with the production processes that are carried out in the
facilities that produce the hazardous waste that is treated using
the treatment methods.
(D) The levels of specialized operator training, equipment
maintenance, and monitoring that are required to ensure the safety of
the treatment method and its effectiveness in treating particular
hazardous waste streams.
(E) The types of accidents that may occur during the treatment of
particular types of hazardous waste streams, the likely consequences
of those accidents, and the actual accident history associated with
use of the treatment method.
(h) The department shall charge fees to review and certify
environmental technologies pursuant to this section that are
sufficient to recover the actual costs of the department in reviewing
and approving the technology.
(i) The department shall implement a program to continually
monitor and oversee manufacturers and users of technologies certified
pursuant to this section, to ensure that the certified technologies
are operating in a manner which is not hazardous to human health and
safety or to the environment.
(j) The department shall adopt regulations to implement the
certification process.
25200.2. (a) The department shall develop a permitting process for
transportable hazardous waste treatment units for treating hazardous
waste in accordance with the federal act and in accordance with this
chapter for hazardous wastes that are not otherwise subject to the
federal act. The permitting process shall require the units to be
permitted pursuant to the regulations of the department for operation
pursuant to a permit-by-rule, a hazardous waste facilities permit,
or pursuant to the regulations of the department for operation under
a standardized permit adopted pursuant to Section 25201.6, whichever
the department determines to be appropriate, by regulation, depending
on the nature of the treatment units and the type of hazardous waste
to be treated, and without regard to whether the units are
determined to be onsite or offsite treatment units.
(b) (1) The operator of a transportable hazardous waste treatment
unit shall pay the same annual fee as facilities authorized to
operate pursuant to a permit-by-rule specified in subdivision (a) of
Section 25205.14. The operator of a unit is exempt from paying the
facility fee specified in Section 25205.2 for any year or reporting
period during which the unit was operating for any activity
authorized under permit, except as specified in subdivision (b) of
Section 25205.12.
(2) The department shall report on the actual costs of managing
the transportable hazardous waste treatment units in the annual
onsite treatment report required pursuant to subparagraph (D) of
paragraph (3) of subdivision (a) of Section 25171.5. Notwithstanding
paragraph (1), the Legislature may authorize the department to
recover the costs to manage the transportable treatment units should
the actual costs exceed the revenue raised by the fees specified in
Section 25205.14.
(c) A transportable hazardous waste treatment unit operating
pursuant to a hazardous waste facilities permit, a standardized
permit, or pursuant to the department's regulations for operation
under a permit-by-rule may operate at a facility for a period not to
exceed one year. If the owner or operator of the transportable
hazardous waste treatment unit shows cause, the department may
authorize up to two extensions of this period, of six months
duration, during which the transportable hazardous waste treatment
unit may operate at the facility, if the department reviews the
justification for the extension request after the first six-month
period.
(d) Notwithstanding any other provision of this section, if, as of
March 1, 1996, the department has not issued proposed regulations,
or has not adopted emergency regulations, to implement the changes
made to this section by the act adding this subdivision, until the
department issues or adopts those regulations, the department shall
regulate all transportable treatment units operating pursuant to a
permit-by-rule on January 1, 1996, pursuant to the regulations
adopted by the department with regard to permit-by-rule, and shall
regulate all transportable treatment units operating pursuant to a
hazardous waste facilities permit on January 1, 1996, pursuant to the
regulations providing for a standardized permit.
25200.3. (a) A generator who uses the following methods for
treating RCRA or non-RCRA hazardous waste in tanks or containers,
which is generated onsite, and which do not require a hazardous waste
facilities permit under the federal act, shall, for those
activities, be deemed to be operating pursuant to a grant of
conditional authorization without obtaining a hazardous waste
facilities permit or other grant of authorization and a generator is
deemed to be granted conditional authorization pursuant to this
section, upon compliance with the notification requirements specified
in subdivision (e), if the treatment complies with the applicable
requirements of this section:
(1) The treatment of aqueous wastes which are hazardous solely due
to the presence of inorganic constituents, except asbestos, listed
in subparagraph (B) of paragraph (1) and subparagraph (A) of
paragraph (2) of subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations, and which contain not more than
1400 ppm total of these constituents, using the following treatment
technologies:
(A) Phase separation, including precipitation, by filtration,
centrifugation, or gravity settling, including the use of
demulsifiers and flocculants in those processes.
(B) Ion exchange, including metallic replacement.
(C) Reverse osmosis.
(D) Adsorption.
(E) pH adjustment of aqueous waste with a pH of between 2.0 and
12.5.
(F) Electrowinning of solutions, if those solutions do not contain
hydrochloric acid.
(G) Reduction of solutions which are hazardous solely due to the
presence of hexavalent chromium, to trivalent chromium with sodium
bisulfite, sodium metabisulfite, sodium thiosulfite, ferrous
chloride, ferrous sulfate, ferrous sulfide, or sulfur dioxide,
provided that the solution contains less than 750 ppm of hexavalent
chromium.
(2) Treatment of aqueous wastes which are hazardous solely due to
the presence of organic constituents listed in subparagraph (B) of
paragraph (1), or subparagraph (B) of paragraph (2), of subdivision
(a) of Section 66261.24 of Title 22 of the California Code of
Regulations and which contain not more than 750 ppm total of those
constituents, using either of the following treatment technologies:
(A) Phase separation by filtration, centrifugation, or gravity
settling, but excluding supercritical fluid extraction.
(B) Adsorption.
(3) Treatment of wastes which are sludges resulting from
wastewater treatment, solid metal objects, and metal workings which
contain or are contaminated with, and are hazardous solely due to the
presence of, constituents, except asbestos, listed in subparagraph
(B) of paragraph (1) of, and subparagraph (A) of paragraph (2) of,
subdivision (a) of Section 66261.24 of Title 22 of the California
Code of Regulations, or treatment of wastes which are dusts which
contain, or are contaminated with, and are hazardous solely due to
the presence of, not more than 750 ppm total of those constituents,
except asbestos, listed in subparagraph (B) of paragraph (1) of, and
subparagraph (A) of paragraph (2) of, subdivision (a) of Section
66261.24 of Title 22 of the California Code of Regulations, using any
of the following treatment technologies:
(A) Physical processes which constitute treatment only because
they change the physical properties of the waste, such as filtration,
centrifugation, gravity settling, grinding, shredding, crushing, or
compacting.
(B) Drying to remove water.
(C) Separation based on differences in physical properties, such
as size, magnetism, or density.
(4) Treatment of alum, gypsum, lime, sulfur, or phosphate sludges,
using either of the following treatment technologies:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(5) Treatment of wastes listed in Section 66261.120 of Title 22 of
the California Code of Regulations, which meet the criteria and
requirements for special waste classification in Section 66261.122 of
Title 22 of the California Code of Regulations, using any of the
following treatment technologies, if the waste is hazardous solely
due to the presence of constituents, except asbestos, listed in
subparagraph (B) of paragraph (1) of, and subparagraph (A) of
paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations and the waste contains not more
than 750 ppm total of those constituents:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(C) Screening to separate components based on size.
(D) Separation based on differences in physical properties, such
as size, magnetism, or density.
(6) Treatment of wastes, except asbestos, which have been
classified by the department as special wastes pursuant to Section
66261.24 of Title 22 of the California Code of Regulations, using any
of the following treatment technologies, if the waste is hazardous
solely due to the presence of constituents, except asbestos, listed
in subparagraph (B) of paragraph (1) of, and subparagraph (A) of
paragraph (2) of, subdivision (a) of Section 66261.24 of Title 22 of
the California Code of Regulations and the waste contains not more
than 750 ppm of those constituents:
(A) Drying to remove water.
(B) Phase separation by filtration, centrifugation, or gravity
settling.
(C) Magnetic separation.
(7) Treatment of soils which are hazardous solely due to the
presence of metals listed in subparagraph (A) of paragraph (2) of
subdivision (a) of Section 66261.24 of Title 22 of the California
Code of Regulations, using either of the following treatment
technologies:
(A) Screening to separate components based on size.
(B) Magnetic separation.
(8) Except as provided in Section 25201.5, treatment of oil mixed
with water and oil/water separation sludges, using any of the
following treatment technologies:
(A) Phase separation by filtration, centrifugation, or gravity
settling, but excluding supercritical fluid extraction. This phase
separation may include the use of demulsifiers and flocculants in
those processes, even if the processes involve the application of
heat, if the heat is applied in totally enclosed tanks and
containers, and if it does not exceed 160 degrees Fahrenheit, or any
lower temperature which may be set by the department.
(B) Separation based on differences in physical properties, such
as size, magnetism, or density.
(C) Reverse osmosis.
(9) Neutralization of acidic or alkaline wastes that are hazardous
only due to corrosivity or toxicity that results only from the
acidic or alkaline material, in elementary neutralization units, as
defined in Section 66260.10 of Title 22 of the California Code of
Regulations, if the wastes contain less than 10 percent acid or base
constituents by weight, and are treated in tanks or containers and
piping, constructed of materials compatible with the range of
temperatures and pH levels, and subject to appropriate pH and
temperature controls. If the waste contains more than 10 percent acid
or base constituents by weight, the volume treated in a single batch
at any one time shall not exceed 500 gallons.
(10) Treatment of spent cleaners and conditioners which are
hazardous solely due to the presence of copper or copper compounds,
subject to the following:
(A) The following requirements are met, in addition to all other
requirements of this section:
(i) The waste stream does not contain more than 5000 ppm total
copper.
(ii) The generator does not generate for treatment any more than
1000 gallons of the waste stream per month.
(iii) The treatment technologies employed are limited to those set
forth in paragraph (1) for metallic wastes.
(iv) The generator keeps records documenting compliance with this
subdivision, including records indicating the volume and
concentration of wastes treated, and the management of related
solutions which are not cleaners or conditioners.
(B) Cleaners and conditioners, for purposes of this paragraph, are
solutions containing surfactants and detergents to remove dirt and
foreign objects. Cleaners and conditioners do not include microetch,
etchant, plating, or metal stripping solutions or solutions
containing oxidizers, or any cleaner based on organic solvents.
(C) A grant of conditional authorization under this paragraph
shall expire on January 1, 1998, unless extended by the department
pursuant to this section.
(D) The department shall evaluate the treatment activities
described in this paragraph and shall designate, by regulation, not
later than January 1, 1997, those activities eligible for conditional
authorization and those activities subject to permit-by-rule. In
adopting regulations under this subparagraph, the department shall
consider all of the following:
(i) The volume of waste being treated.
(ii) The concentration of the hazardous waste constituents.
(iii) The characteristics of the hazardous waste being treated.
(iv) The risks of the operation, and breakdown, of the treatment
process.
(11) Any waste stream technology combination certified by the
department, pursuant to Section 25200.1.5, as suitable for
authorization pursuant to this section, that operates pursuant to the
conditions imposed on that certification.
(b) Any treatment performed pursuant to this section shall comply
with all of the following, except as to generators, who are treating
hazardous waste pursuant to paragraph (11) of subdivision (a), who
shall also comply with any additional conditions of the specified
certification if those conditions are different from those set forth
in this subdivision:
(1) The total volume of hazardous waste treated in the unit in any
calendar month shall not exceed 5,000 gallons or 45,000 pounds,
whichever is less, unless the waste is a dilute aqueous waste
described in paragraph (1), (2), or (9) of subdivision (a) or oily
wastes as described in paragraph (8) of subdivision (a). The
department may, by regulation, impose volume limitations on wastes
which have no limitations under this section, as may be necessary to
protect human health and safety or the environment.
(2) The treatment is conducted in tanks or containers.
(3) The treatment does not consist of the use of any of the
following:
(A) Chemical additives, except for pH adjustment, chrome
reduction, oil/water separation, and precipitation with the use of
flocculants, as allowed by this section.
(B) Radiation.
(C) Electrical current except in the use of electrowinning, as
allowed by this section.
(D) Pressure, except for reverse osmosis, filtration, and
crushing, as allowed by this section.
(E) Application of heat, except for drying to remove water or
demulsification, as allowed by this section.
(4) All treatment residuals and effluents are managed and disposed
of in accordance with applicable federal, state, and local
requirements.
(5) The treatment process does not do either of the following:
(A) Result in the release of hazardous waste into the environment
as a means of treatment or disposal.
(B) Result in the emission of volatile hazardous waste
constituents or toxic air contaminants, unless the emission is in
compliance with the rules and regulations of the air pollution
control district or air quality management district.
(6) The generator unit complies with any additional requirements
set forth in regulations adopted pursuant to this section.
(c) A generator operating pursuant to subdivision (a) shall comply
with all of the following requirements:
(1) Except as provided in paragraph (4), the generator shall
comply with the standards applicable to generators specified in
Chapter 12 (commencing with Section 66262.10) of Division 4.5 of
Title 22 of the California Code of Regulations and with the
applicable requirements in Sections 66265.12, 66265.14, and 66265.17
of Title 22 of the California Code of Regulations.
(2) The generator shall comply with Section 25202.9 by making an
annual waste minimization certification.
(3) The generator shall comply with the environmental assessment
procedures required pursuant to subdivisions (a) to (e), inclusive,
of Section 25200.14. If that assessment reveals that there is
contamination resulting from the release of hazardous waste or
constituents from a solid waste management unit or a hazardous waste
management unit at the generator's facility, regardless of the time
at which the waste was released, the generator shall take every
action necessary to expeditiously remediate that contamination, if
the contamination presents a substantial hazard to human health and
safety or the environment or if the generator is required to take
corrective action by the department. If a facility is remediating the
contamination pursuant to, and in compliance with the provisions of,
an order issued by a California regional water quality control board
or other state or federal environmental enforcement agency, that
remediation shall be adequate for the purposes of complying with this
section, as the remediation pertains to the jurisdiction of the
ordering agency. This paragraph does not limit the authority of the
department or a unified program agency pursuant to Section 25187 as
may be necessary to protect human health and safety or the
environment.
(4) The generator unit shall comply with container and tank
standards applicable to non-RCRA wastes, unless otherwise required by
federal law, specified in subdivisions (a) and (b) of Section
66264.175 of Title 22 of the California Code of Regulations, as the
standards apply to container storage and transfer activities, and to
Article 9 (commencing with Section 66265.170) and Article 10
(commencing with Section 66265.190) of Chapter 15 of Division 4.5 of
Title 22 of the California Code of Regulations, except for Section
66265.197 of Title 22 of the California Code of Regulations.
(A) Unless otherwise required by federal law, ancillary equipment
for a tank or container treating hazardous wastes solely pursuant to
this section, is not subject to Section 66265.193 of Title 22 of the
California Code of Regulations, if the ancillary equipment's
integrity is attested to, pursuant to Section 66265.191 of Title 22
of the California Code of Regulations, every two years from the date
that retrofitting requirements would otherwise apply.
(B) (i) The Legislature hereby finds and declares that in the case
of underground, gravity-pressured sewer systems, integrity testing
is often not feasible.
(ii) The best feasible leak detection measures which are
sufficient to ensure that underground gravity-pressured sewer
systems, for which it is not feasible to conduct integrity testing,
do not leak.
(iii) If it is not feasible for an operator's ancillary equipment,
or a portion thereof, to undergo integrity testing, the operator
shall not be subject to Section 66265.193 of Title 22 of the
California Code of Regulations, if the operator implements the best
feasible leak detection measures which are determined to be
sufficient by the department in those regulations, and those leak
detection measures do not reveal any leaks emanating from the
operator's ancillary equipment. Any ancillary equipment found to leak
shall be retrofitted by the operator to meet the secondary
containment standards of Section 66265.196 of Title 22 of the
California Code of Regulations.
(5) The generator shall prepare and maintain a written inspection
schedule and a log of inspections conducted.
(6) The generator shall prepare and maintain written operating
instructions and a record of the dates, concentrations, amounts, and
types of waste treated. Records maintained to comply with the state,
federal, or local programs may be used to satisfy this requirement,
to the extent that those documents substantially comply with the
requirements of this section. The operating instructions shall
include, but not be limited to, directions regarding all of the
following:
(A) How to operate the treatment unit and carry out waste
treatment.
(B) How to recognize potential and actual process upsets and
respond to them.
(C) When to implement the contingency plan.
(D) How to determine if the treatment has been efficacious.
(E) How to address the residuals of waste treatment.
(7) The generator shall maintain adequate records to demonstrate
to the department and the unified program agency that the
requirements and conditions of this section are met, including
compliance with all applicable pretreatment standards and with all
applicable industrial waste discharge requirements issued by the
agency operating the publicly owned treatment works into which the
wastes are discharged. The records shall be maintained onsite for a
period of five years.
(8) The generator shall treat only hazardous waste which is
generated onsite. For purposes of this chapter, a residual material
from the treatment of a hazardous waste generated offsite is not a
waste that has been generated onsite.
(9) Except as provided in Section 25404.5, the generator shall
submit a fee to the State Board of Equalization in the amount
required by Section 25205.14, unless the generator is subject to a
fee under a permit-by-rule. The generator shall submit that fee
within 30 days of the date that the fee is assessed by the State
Board of Equalization.
(d) Notwithstanding any other provision of law, the following
activities are ineligible for conditional authorization:
(1) Treatment in any of the following units:
(A) Landfills.
(B) Surface impoundments.
(C) Injection wells.
(D) Waste piles.
(E) Land treatment units.
(2) Commingling of hazardous waste with any hazardous waste that
exceeds the concentration limits or pH limits specified in
subdivision (a), or diluting hazardous waste in order to meet the
concentration limits or pH limits specified in subdivision (a).
(3) Treatment using a treatment process not specified in
subdivision (a).
(4) Pretreatment or posttreatment activities not specified in
subdivision (a).
(5) Treatment of any waste which is reactive or extremely
hazardous.
(e) (1) Not less than 60 days prior to commencing the first
treatment of hazardous waste under this section, the generator shall
submit a notification, in person or by certified mail, with return
receipt requested, to the department and to one of the following:
(A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(B) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
(2) Upon demonstration of good cause by the generator, the
department may allow a shorter time period, than the 60 days required
by paragraph (1), between notification and commencement of hazardous
waste treatment pursuant to this section.
(3) Each notification submitted pursuant to this subdivision shall
be completed, dated, and signed according to the requirements of
Section 66270.11 of Title 22 of the California Code of Regulations,
as those requirements that were in effect on January 1, 1996, and
apply to hazardous waste facilities permit applications, shall be on
a form prescribed by the department, and shall include, but not be
limited to, all of the following information:
(A) The name, identification number, site address, mailing
address, and telephone number of the generator to whom the
conditional authorization is granted.
(B) A description of the physical characteristics and chemical
composition of the hazardous waste to which the conditional
authorization applies.
(C) A description of the hazardous waste treatment activity to
which the conditional authorization applies, including the basis for
determining that a hazardous waste facilities permit is not required
under the federal act.
(D) A description of the characteristics and management of any
treatment residuals.
(E) Documentation of any convictions, judgments, settlements, or
orders resulting from an 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 Division 7 of Title 1
of the Government Code) or the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
the Civil Code). For purposes of this paragraph, a notice of
violation for any local, state, or federal agency does not constitute
an order and a generator is not required to report the notice unless
the violation is not corrected and the notice becomes a final order.
(f) Any generator operating pursuant to a grant of conditional
authorization shall comply with all regulations adopted by the
department relating to generators of hazardous waste.
(g) (1) Upon terminating operation of any treatment process or
unit conditionally authorized pursuant to this section, the generator
conducting treatment pursuant to this section shall remove or
decontaminate all waste residues, containment system components,
soils, and structures or equipment contaminated with hazardous waste
from the unit. The removal of the unit from service shall be
conducted in a manner that does both of the following:
(A) Minimizes the need for further maintenance.
(B) Eliminates the escape of hazardous waste, hazardous
constituents, leachate, contaminated runoff, or waste decomposition
products to the environment after the treatment process is no longer
in operation.
(2) Any generator conducting treatment pursuant to this section
who permanently ceases operation of a treatment process or unit that
is conditionally authorized pursuant to this section shall, upon
completion of all activities required under this subdivision, provide
written notification, in person or by certified mail, with return
receipt requested, to the department and to one of the following:
(A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(B) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
(h) In adopting regulations pursuant to this section, the
department may impose any further restrictions or limitations
consistent with the conditionally authorized status conferred by this
section which are necessary to protect human health and safety and
the environment.
(i) The department may revoke any conditional authorization
granted pursuant to this section. The department shall base a
revocation on any one of the causes set forth in subdivision (a) of
Section 66270.43 of Title 22 of the California Code of Regulations or
in Section 25186, or upon a finding that operation of the facility
in question will endanger human health and safety, domestic
livestock, wildlife, or the environment. The department shall conduct
the revocation of a conditional authorization granted pursuant to
this section in accordance with Chapter 21 (commencing with Section
66271.1) of Division 4.5 of Title 22 of the California Code of
Regulations and as specified in Section 25186.7.
(j) A generator who would otherwise be subject to this section may
contract with the operator of a transportable treatment unit who is
operating pursuant to a permit-by-rule, a standardized permit, or a
full state hazardous waste facilities permit to treat the generator's
waste. If treatment of the generator's waste takes place under such
a contract, the generator is not otherwise subject to the
requirements of this section, but shall comply with all other
requirements of this chapter that apply to generators. The operator
of the transportable treatment unit that performs onsite treatment
pursuant to this subdivision shall comply with all requirements
applicable to transportable treatment units operating pursuant to a
permit-by-rule, as set forth in the regulations adopted by the
department.
(k) (1) Within 30 days of any change in operation which
necessitates modifying any of the information submitted in the
notification required pursuant to subdivision (e), a generator shall
submit an amended notification, in person or by certified mail, with
return receipt requested, to the department and to one of the
following:
(A) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(B) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
(2) Each amended notification shall be completed, dated, and
signed in accordance with the requirements of Section 66270.11 of
Title 22 of the California Code of Regulations, as those requirements
apply to hazardous waste facilities permit applications.
( l) A person who has submitted a notification to the department
pursuant to subdivision (e) shall be deemed to be operating pursuant
to this section, and, except as provided in Section 25404.5, shall be
subject to the fee set forth in subdivision (a) of Section 25205.14
until that person submits a certification that the generator has
ceased all treatment activities of hazardous waste streams authorized
pursuant to this section in accordance with the requirements of
subdivision (g). The certification required by this subdivision shall
be submitted, in person or by certified mail, with return receipt
requested, to the department and to one of the following:
(1) The CUPA, if the generator is under the jurisdiction of a
CUPA.
(2) If the generator is not under the jurisdiction of a CUPA, the
notification shall be submitted to the officer or agency authorized,
pursuant to subdivision (f) of Section 25404.3, to implement and
enforce the requirements of this chapter listed in paragraph (1) of
subdivision (c) of Section 25404.
(m) The development and publication of the notification form
specified in subdivision (e) is not subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The department shall hold at least one public
workshop concerning the development of the notification form.
25200.3.1. (a) For purposes of this section, the following
definitions apply:
(1) "Laboratory" means a workplace where relatively small
quantities of hazardous chemicals are handled or used in a manner
that meets all of the following criteria:
(A) Chemical reactions, transfers, and handling are carried out
using containers that are designed to be easily and safely
manipulated by one person.
(B) Protective laboratory practices and equipment are available
and in common use to minimize the potential for laboratory worker
exposure to hazardous chemicals.
(C) The chemical procedures conducted in the laboratory meet all
of the following criteria:
(i) The chemical procedures are conducted for purposes of
education, research, chemical analysis, clinical testing, or product
development, testing, or quality control.
(ii) The chemical procedures are not part of the actual commercial
production of chemicals or other products, and are not part of
production development activities, unless the activities are
conducted on the scale of a research laboratory.
(iii) The chemical procedures are not part of the treatment of
hazardous waste, other than the treatment of laboratory hazardous
waste pursuant to subdivision (c).
(2) "Laboratory accumulation area" means the area where laboratory
hazardous wastes are accumulated pursuant to subdivision (b). The
laboratory accumulation area may be located in the room in which the
accumulated laboratory hazardous wastes are generated or in another
onsite location.
(3) "Laboratory hazardous waste" means hazardous waste generated
in a laboratory by chemical procedures meeting the criteria specified
in subparagraph (C) of paragraph (1).
(b) Notwithstanding paragraph (1) of subdivision (d) of Section
25123.3, and except as otherwise required by the federal act, up to
55 gallons of laboratory hazardous waste, or one quart of laboratory
hazardous waste that is acutely hazardous waste, may be accumulated
onsite in a laboratory accumulation area that is located as close as
is practical to the location where the laboratory hazardous waste is
generated, if all of the following conditions are met:
(1) The laboratory accumulation area is managed under the control
of one or more designated personnel who have received training
commensurate with their responsibilities and authority for managing
laboratory hazardous wastes, and unsupervised access to the
laboratory accumulation area is limited to personnel who have
received training commensurate with their responsibilities and
authority for managing laboratory hazardous wastes.
(2) The laboratory hazardous wastes are managed so as to ensure
that incompatible laboratory hazardous wastes are not mixed, and are
otherwise prevented from coming in contact with each other. However,
incompatible laboratory hazardous wastes may be mixed together during
treatment meeting the requirements of subdivision (c), if one
laboratory hazardous waste is being used to treat another laboratory
hazardous waste pursuant to procedures identified in paragraph (1) of
subdivision (c).
(3) The amount of laboratory hazardous wastes accumulated in the
laboratory accumulation area is appropriate for the space limitations
and the need to safely manage the containers and separate
incompatible laboratory hazardous wastes.
(4) All of the requirements of subdivision (d) of Section 25123.3
are met, except for the requirements of paragraph (1) of subdivision
(d) of Section 25123.3.
(c) Notwithstanding any other provision of law, and except as
otherwise required by the federal act, a hazardous waste facilities
permit or other grant of authorization from the department is not
required for treatment of laboratory hazardous waste generated
onsite, if all of the following requirements are met:
(1) The laboratory hazardous waste is treated in containers using
recommended procedures and quantities for treatment of laboratory
wastes published by the National Research Council or procedures for
treatment of laboratory wastes published in peer-reviewed scientific
journals.
(2) The laboratory hazardous waste is treated at a location that
is as close as is practical to the location where the laboratory
hazardous waste is generated, and the treatment is conducted within
10 calendar days after the date the laboratory hazardous waste is
generated.
(3) The amount of laboratory hazardous waste treated in a single
batch does not exceed the quantity limitation specified in
subparagraph (A) or (B), whichever is the smaller quantity:
(A) Five gallons or 18 kilograms, whichever is greater.
(B) (i) Except as otherwise provided in clause (ii), the quantity
limit recommended in the procedures published by the National
Research Council or in other peer-reviewed scientific journals for
the treatment procedure being used.
(ii) Except as otherwise specified in subparagraph (A), the amount
of laboratory hazardous waste treated in a single batch may exceed
the quantity limit specified in clause (i) if a qualified chemist has
demonstrated that the larger quantity can be safely treated, and
documentation of the demonstration is maintained onsite. The
documentation shall be made available for inspection upon request by
a representative of the department or the CUPA, or if there is no
CUPA, the agency authorized pursuant to subdivision (f) of Section
25404.3.
(4) The laboratory hazardous waste treated is from a single
procedure, or set of procedures that are part of the same laboratory
process.
(5) The person performing the treatment has knowledge of the
laboratory hazardous waste being treated, including knowledge of the
procedure that generated the laboratory hazardous waste, and has
received hazardous waste training, including how to conduct the
treatment, manage treatment residuals, and respond effectively to
emergency situations.
(6) Training records for all persons performing treatment of
laboratory hazardous wastes pursuant to this subdivision are
maintained for a minimum of three years.
(7) The laboratory hazardous waste is managed in accordance with
applicable requirements for generators accumulating laboratory
hazardous waste under this chapter and the regulations adopted by the
department, and all treatment residuals and effluents are managed in
accordance with applicable federal, state and local requirements.
(8) All records maintained by the laboratory pertaining to
treatment conducted pursuant to this subdivision are made available
for inspection upon request by a representative of the department or
the CUPA, or if there is no CUPA, the agency authorized pursuant to
subdivision (f) of Section 25404.3.
(d) For laboratory hazardous wastes that contain radioactive
material, the requirements of this section apply in addition to, but
do not supercede, applicable federal and state requirements governing
the management of radioactive materials.
(e) The department may adopt regulations that specify additional
requirements for accumulating laboratory hazardous wastes pursuant to
subdivision (b) or treating laboratory hazardous wastes pursuant to
subdivision (c), if the department determines these additional
requirements are necessary for protection of public health and the
environment.
25200.4. (a) Any application for a hazardous waste facilities
permit or other grant of authorization to use and operate a hazardous
waste facility made pursuant to this article, except for an
application made by a federal, state, or local agency, shall include
a disclosure statement, as defined in Section 25112.5.
(b) The requirements of this section do not apply to a person
operating pursuant to a permit-by-rule, conditional authorization, or
conditional exemption.
(c) Notwithstanding subdivision (a), an applicant for a series C
standardized permit, as specified in Section 25201.6, shall submit a
disclosure statement to the department only upon request.
25200.5. (a) Except as provided in Sections 25200.7 and 25200.9,
any person who desires to continue the use or operation of a
hazardous waste facility which was in existence on November 19, 1980,
or which was in existence on the effective date of any statute or
regulation which subjected that facility to hazardous waste
facilities permit requirements under this chapter, pending the review
and decision of the department on the permit application, may be
granted interim status by the department if the person has made
application for a permit pursuant to Section 25200, or has made
application pursuant to Section 25201.6, and, if treating a waste
regulated pursuant to the federal act, has complied with the
requirements of subsection (a) of Section 6930 of Title 42 of the
United States Code.
(b) The person operating under an interim status pursuant to this
section shall not do any of the following acts:
(1) Treat, store, transfer, or dispose of hazardous wastes which
are not specified in Part A of the permit application.
(2) Employ processes not described in Part A of the permit
application.
(3) Exceed the design capacities specified in Part A of the permit
application.
(c) A facility operating under interim status is not subject to
civil or criminal penalties for operating without a permit, but is
otherwise subject to this chapter and the rules, regulations,
standards, and requirements issued or adopted pursuant to this
chapter. Interim status may be granted subject to any conditions
which the department deems necessary to protect public health or the
environment. Interim status shall not be valid beyond the date of the
decision of the department on the permit application.
(d) The department shall not grant interim status to any person to
operate a hazardous waste facility if the facility has been subject
to any of the following actions:
(1) Denial of a hazardous waste facilities permit.
(2) Suspension, revocation, or termination of a hazardous waste
facilities permit.
(3) Termination of a grant of interim status.
(e) For purposes of this section, "Part A of the permit
application" has the same meaning as defined in Section 66151 of
Title 22 of the California Code of Regulations, as that section read
on January 1, 1988.
(f) Any land disposal facility, as defined in subdivision (h) of
Section 25179.3, which lost interim status pursuant to paragraph (2)
or (3) of subsection (e) of Section 6925 of Title 42 of the United
States Code is deemed to have lost interim status granted under this
section to operate a facility managing hazardous waste regulated
pursuant to the Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C. Sec. 6901 et seq.).
(g) The termination date for interim status for any land disposal
facility, as defined in subdivision (h) of Section 25179.3, which is
in existence on the effective date of any statute or the regulation
adopted pursuant to that statute which subjects the facility to
hazardous waste facilities permit requirements under this chapter,
and which is granted interim status under this section, is the date
12 months after the date on which the facility first becomes subject
to the hazardous waste facilities permit requirements, unless one of
the following applies:
(1) Part A of the facility's permit application specifies that
only non-RCRA hazardous waste will be disposed of at the facility, in
which case the facility is subject to the termination date specified
in Section 25200.11, if the facility is subject to Section 25200.11.
(2) The owner or operator of the facility does both of the
following:
(A) Applies for a final determination regarding the issuance of a
hazardous waste facilities permit under Section 25200 for the
facility before the date 12 months after the date on which the
facility first becomes subject to the hazardous waste facilities
permit requirements.
(B) Certifies that the facility is in compliance with all
applicable groundwater monitoring and financial responsibility
requirements.
(h) The termination date for interim status for any incinerator
facility which submitted an application for a hazardous waste
facilities permit before November 8, 1984, is November 8, 1989,
unless one of the following applies:
(1) Part A of the facility's permit application specifies that
only non-RCRA hazardous waste will be incinerated at the facility, in
which case the facility is subject to the termination date specified
in Section 25200.11, if the facility is subject to Section 25200.11.
(2) The owner or operator of the facility applied for a final
determination regarding the issuance of a hazardous waste facilities
permit under Section 25200 for the facility on or before November 8,
1986.
(i) The termination date for interim status for any facility,
other than a facility specified in subdivision (g) or (h), which
submitted an application for a hazardous waste facilities permit
before November 8, 1984, is November 8, 1992, unless one of the
following applies:
(1) Part A of the facility's permit application specifies that
only non-RCRA hazardous waste will be transferred, treated, or stored
at the facility, and the facility is in compliance with its Part A
application, in which case the facility is subject to the termination
date specified in Section 25200.11, if the facility is subject to
Section 25200.11.
(2) The owner or operator of the facility applied for a final
determination regarding the issuance of a hazardous waste facilities
permit under Section 25200 for the facility on or before November 8,
1988.
(j) On or before July 1, 1993, the department shall take final
action on each application for a hazardous waste facilities permit,
to be issued pursuant to Section 25200, which was filed before
November 8, 1984, for an offsite hazardous waste facility subject to
subdivision (i), and not subject to Section 25200.7 or 25200.11. In
taking final action pursuant to this subdivision, the department
shall either issue the hazardous waste facilities permit or make a
final denial of the application.
(k) (1) Notwithstanding any other provision of law or regulation,
except as provided in paragraph (2), a hazardous waste facility
operating pursuant to this section shall comply with the requirements
of Article 4 (commencing with Section 66270.40) of Chapter 20 of
Division 4.5 of Title 22 of the California Code of Regulations.
(2) The requirements of paragraph (1) do not apply to an inactive
facility that is no longer accepting offsite hazardous waste and that
has notified the department of its intent to close.
25200.6. (a) The department shall not issue a hazardous waste
facilities permit for an injection well or for the discharge of
hazardous waste into an injection well unless all of the following
conditions are met:
(1) A hydrogeological assessment report has been approved pursuant
to Section 25159.18.
(2) The groundwater monitoring required by Section 25159.16 is
included as a permit condition.
(3) The department finds that the hazardous wastes to be
discharged cannot be reasonably and adequately reduced, treated, or
disposed of by an alternative method other than well injection. This
finding shall be in writing and shall be supported by evidence citing
specific evidence presented to the department or evidence that is
otherwise made available to the department. The department shall
provide public notice and opportunity for comment before making this
finding.
(4) The horizontal and vertical extent of the permitted injection
zone specified pursuant to Section 25159.20 is included as a permit
condition.
(5) The permit complies with and incorporates as a permit
condition any waste discharge requirements issued by the state board
or a regional board and the permit is consistent with all applicable
water quality control plans adopted pursuant to Section 13170 of the
Water Code and Article 3 (commencing with Section 13240) of Chapter 4
of Division 7 of the Water Code and with the state policies for
water quality control adopted pursuant to Article 3 (commencing with
Section 13140) of Chapter 3 of Division 7 of the Water Code, and any
amendments made to these plans, policies, or requirements. The
department may also include any more stringent requirement that the
department determines is necessary or appropriate to protect water
quality.
(b) Notwithstanding the requirement to submit a hydrogeological
assessment report before application for a hazardous waste facility
permit under Section 25159.18, or notwithstanding the requirement to
have a hazardous waste facility permit or an approved hydrogeological
assessment report before application for an exemption pursuant to
subdivision (b) of Section 25159.15, the department shall process any
applications for a hazardous waste facility permit to construct a
new injection well from any person who has applied between May 15,
1984, and December 31, 1984, for an underground injection control
permit from the federal Environmental Protection Agency pursuant to
the Safe Drinking Water Act (42 U.S.C. Sec. 300f et seq.), and who
has received that permit by July 1, 1986, in the following manner:
(1) The department shall accept a concurrent filing of the
hydrogeological assessment report required pursuant to Section
25159.18, the application for the hazardous waste facilities permit
filed pursuant to this section, and an application for an exemption
filed pursuant to subdivision (b) of Section 25159.15.
(2) The department shall grant or deny the hazardous waste
facilities permit within six months of the concurrent filing of a
completed application as specified in paragraph (1). However, the
department shall grant the hazardous waste facilities permit only if
the conditions in subdivision (a) are met.
25200.7. (a) On or before November 8, 1988, the department shall
take final action on each application for a hazardous waste
facilities permit submitted to the department before January 1, 1988,
by either issuing a final permit pursuant to the application or a
final denial of the application.
(b) Subdivision (a) applies only to hazardous waste facilities
which are operating under a grant of interim status on January 1,
1988, which use a land disposal method, as defined in subdivision (h)
of Section 25179.3, and which dispose of wastes regulated as
hazardous waste pursuant to the Resource Conservation and Recovery
Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.).
(c) On or before November 8, 1989, the department shall take final
action on each application for a hazardous waste facilities permit
to operate an incinerator facility which was submitted before
November 8, 1984, by either issuing a final permit pursuant to the
application or a final denial of the application.
(d) On or before November 8, 1992, the department shall take final
permit action on each application for a hazardous waste facilities
permit to operate any facility not otherwise subject to subdivision
(a) or (c) which was submitted before November 8, 1984. The
department shall issue a final hazardous waste facilities permit
pursuant to the application or issue a final denial of the
application.
(e) Interim status granted pursuant to Section 25200.5 to any
facility subject to subdivision (c) shall terminate on November 8,
1989, unless the owner or operator of the facility applied for a
final determination regarding the issuance of a hazardous waste
facilities permit by November 8, 1986.
(f) Interim status granted pursuant to Section 25200.5 to any
facility subject to subdivision (d) shall terminate on November 8,
1992, unless the owner or operator of the facility applied for a
final determination regarding the issuance of a hazardous waste
facilities permit by November 8, 1988.
(g) Subdivisions (c), (d), (e) and (f) do not apply to
applications for hazardous waste facilities permits to transfer,
treat, store, or dispose of non-RCRA hazardous wastes.
25200.8. Any applicant for a final hazardous waste facilities
permit pursuant to Section 25200 who receives a notice of deficiency
from the department concerning the permit application shall submit
the information specified in the notice of deficiency by the date
specified in the notice of deficiency or by a later alternative date
approved by the department. The department may initiate an
enforcement action pursuant to Section 25187 against any hazardous
waste facilities permit applicant who does not provide the
information specified in the notice of deficiency by the date
specified in the notice of deficiency or by a later alternative date
approved by the department. If an applicant does not respond to three
or more of these notices of deficiency regarding the same or
different deficiencies or responds with substantially incomplete or
substantially unsatisfactory information on three or more occasions,
the department shall, pursuant to regulations adopted by the
department, initiate proceedings to deny the permit application. This
section does not limit the department's authority to take action
concerning the permit application before sending three notices of
deficiency.
25200.9. The department shall not grant interim status for any
hazardous waste facility pursuant to Section 25200.5, unless either
of the following applies:
(a) The hazardous waste management activities at the facility were
not subject to the hazardous waste facilities permit requirements
until on or after January 1, 1990, and the hazardous waste facility
had been engaged in these activities before the date that the
activities at the facility became subject to hazardous waste facility
permit requirements.
(b) The hazardous waste management activities at the facility are
eligible for the department's standardized permit application
pursuant to Section 25201.6 and the hazardous waste facility was
engaged, or authorized to engage, in those activities on September 1,
1992.
25200.10. (a) For purposes of this section, "facility" means the
entire site that is under the control of the owner or operator
seeking a hazardous waste facilities permit.
(b) Except as provided in subdivisions (d) and (e), the
department, or a unified program agency approved to implement this
section pursuant to Section 25404.1, shall require, and any permit
issued by the department shall require, corrective action for all
releases of hazardous waste or constituents from a solid waste
management unit or a hazardous waste management unit at a facility
engaged in hazardous waste management, regardless of the time at
which waste was released at the facility. Any corrective action
required pursuant to this section shall require that corrective
action be taken beyond the facility boundary where necessary to
protect human health and safety or the environment, unless the owner
or operator demonstrates to the satisfaction of the department or the
unified program agency, whichever agency required the corrective
action, that despite the owner's or operator's best efforts, the
owner or operator is unable to obtain the necessary permission to
undertake this action. When corrective action cannot be completed
prior to issuance of the permit, the permit shall contain schedules
of compliance for corrective action and assurances of financial
responsibility for completing the corrective action.
(c) This section does not limit the department's authority, or a
unified program agency's authority pursuant to Chapter 6.11
(commencing with Section 25404), to require corrective action
pursuant to Section 25187.
(d) This section does not apply to a permit issued to a public
agency or person for the operation of a temporary household hazardous
waste collection facility pursuant to Article 10.8 (commencing with
Section 25218).
(e) Unless otherwise expressly required by another provision of
this chapter, the corrective action required by subdivision (a) does
not apply to a person who treats hazardous waste pursuant to
