§ 66270.14. Contents of Part B: General Requirements.

(a) Part B of the permit application consists if the general information requirements of this section, and the specific information requirements in sections 66270.14 through 66270.23 applicable to the facility. The Part B information requirements presented in sections 66270.14 through 66270.23 reflect the standards promulgated in chapter 14 of this division. These information requirements are necessary in order for the Department to determine compliance with the chapter 14 standards. If owners and operators of hazardous waste management facilities can demonstrate that the information prescribed in Part B cannot be provided to the extent required, the Department may make allowance for submission of such information on a case-by-case basis. Information required in Part B shall be submitted to the Department and signed in accordance with requirements in section 66270.11. Certain technical data, such as design drawings and specifications, and engineering studies shall be certified by an independent, qualified professional engineer registered in California. Geologic plans, specifications, reports or documents shall be prepared by or under the direction of, and shall be certified by, a geologist registered in California. Calculations and technical data supporting the certification need not be submitted with Part B but shall be retained by the owner or operator and be available for review by the Department.

(b) General information requirements. The following information is required for all hazardous waste management facilities, except as section 66264.1 provides otherwise:

(1) a general description of the facility;

(2) chemical and physical analyses of the hazardous waste and hazardous debris to be handled at the facility. At a minimum, these analyses shall contain all the information which must be known to transfer, treat, store or dispose of the wastes properly in accordance with chapter 14 of this division;

(3) a copy of the waste analysis plan required by section 66264.13(b) and, if applicable section 66264.13(c);

(4) a description of the security procedures and equipment required by section 66264.14, or a justification demonstrating the reasons for requesting a waiver of this requirement;

(5) a copy of the general inspection schedule required by section 66264.15(b). Include where applicable, as part of the inspection schedule, specific requirements in sections 66264.174, 66264.193(i), 66264.195, 66264.226, 66264.254, 66264.273, 66264.303, 66264.602, 66264.1033, 66264.1052, 66264.1053, 66264.1058, 66264.1084, 66264.1085, 66264.1086, and 66264.1088;

(6) a justification of any request for a waiver(s) of the preparedness and prevention requirements of chapter 14, article 3 of this division;

(7) a copy of the contingency plan required by chapter 14, article 4 of this division. NOTE: Include, where applicable, as part of the contingency plan, specific requirements in section 6264.227;

(8) a description of procedures, structures or equipment used at the facility to:

(A) prevent hazards in unloading operations (for example, ramps, special forklifts);

(B) prevent runoff from hazardous waste handling areas to other areas of the facility or environment, or to prevent flooding (for example, berms, dikes, trenches);

(C) prevent contamination of water supplies;

(D) mitigate effects of equipment failure and power outages; and

(E) prevent undue exposure of personnel to hazardous waste (for example, protective clothing); and

(F) Prevent releases to the atmosphere.

(9) a description of precautions to prevent accidental ignition or reaction of ignitable, reactive or incompatible wastes as required to demonstrate compliance with section 66264.17 including documentation demonstrating compliance with section 66264.17(c);

(10) traffic pattern, estimated volume (number, types of vehicles) and control (for example, show turns across traffic lanes, and stacking lanes (if appropriate); describe access road surfacing and load bearing capacity; show traffic control signals);

(11) facility location information:

(A) the owner or operator of a new facility or a facility undergoing substantial modification (a Class 3 modification specified in section 66270.42(c) involving physical changes to the facility) shall demonstrate compliance with the seismic standard. This demonstration may be made using either published geologic data or data obtained from field investigations carried out by the applicant. The information provided shall be of such quality to be acceptable to geologists experienced in identifying and evaluating seismic activity. The information submitted shall show that either:

1. no faults which have had displacement in Holocene time are present, or no lineations which suggest the presence of a fault (which have displacement in Holocene time) within 3,000 feet of a facility are present, based on data from:

a. published geologic studies,

b. aerial reconnaissance of the area within a five-mile radius from the facility;

c. an analysis of aerial photographs covering a 3,000 foot radius of the facility, and

d. if needed to clarify the above data, a reconnaissance based on walking portions of the area within 3,000 feet of the facility, or

2. if faults (to include lineations) which have had displacement in Holocene time are present within 3,000 feet of a facility, no faults pass within 200 feet of the portions of the facility where treatment, storage or disposal of hazardous waste will be conducted, based on data from a comprehensive geologic analysis of the site. Unless a site analysis is otherwise conclusive concerning the absence of faults within 200 feet of such portions of the facility data shall be obtained from a subsurface exploration (trenching) of the area within a distance no less than 200 feet from portions of the facility where transfer, treatment, storage or disposal of hazardous waste will be conducted. Such trenching shall be performed in a direction that is perpendicular to known faults (which have had displacement in Holocene time) passing within 3,000 feet of the portions of the facility where transfer, treatment, storage or disposal of hazardous waste will be conducted. Such investigation shall document with supporting maps and other analyses, the location of faults found;

(B) owners and operators of all facilities shall provide an identification of whether the facility is located within a 100 year floodplain. This identification shall indicate the source of data for such determination and include a copy of the relevant Federal Insurance Administration (FIA) flood map, if used, or the calculations and maps used where an FIA map is not available. Information shall also be provided identifying the 100-year flood level and any other special flooding factors (e.g., wave action) which must be considered in designing, constructing, operating or maintaining the facility to withstand washout from a 100-year flood;

(C) where maps for the National Flood Insurance Program produced by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency are available, they will normally be determinative of whether a facility is located within or outside of the 100-year floodplain. However, where the FIA map excludes an area (usually areas of the floodplain less than 200 feet in width), these areas shall be considered and a determination made as to whether they are in the 100-year floodplain. Where FIA maps are not available for a proposed facility location, the owner or operator shall use equivalent mapping techniques to determine whether the facility is within the 100-year floodplain, and if so located, what the 100-year flood elevation would be;

(D) owners and operators of facilities located in the 100-year floodplain shall provide the following information:

1. engineering analysis to indicate the various hydrodynamic and hydrostatic forces expected to result at the site as consequence of a 100-year flood;

2. structural or other engineering studies showing the design of operational units (e.g., tanks, incinerators) and flood protection devices (e.g., floodwalls, dikes) at the facility and how these will prevent washout;

3. if applicable, and in lieu of subsections (b)(11)(D) l. and 2. of this section, a detailed description of procedures to be followed to remove hazardous waste to safety before the facility is flooded, including:

a. timing of such movement relative to flood levels, including estimated time to move the waste, to show that such movement can be completed before floodwaters reach the facility;

b. a description of the location(s) to which the waste will be moved and demonstration that those facilities will be eligible to receive hazardous waste in accordance with the regulations under chapters 14, 15, 16, 20 and 21 of this division;

c. the planned procedures, equipment and personnel to be used and the means to ensure that such resources will be available in time for use;

d. the potential for accidental discharges of the waste during movement;

(E) existing facilities NOT in compliance with section 66264.18(b) shall provide a plan showing how the facility will be brought into compliance and a schedule for compliance;

(F) the owners and operators of surface impoundments, waste piles, land treatment facilities and landfills shall provide information regarding the depth to the saturated zone or groundwater table, including seasonal high levels for groundwater, known aquifers beneath the site and any aquifers having hydraulic continuity;

(12) an outline of both the introductory and continuing training programs by owners or operators to prepare persons to operate or maintain the hazardous waste management facility in a safe manner as required to demonstrate compliance with section 66264.16. A brief description of how training will be designed to meet actual job tasks in accordance with requirements in section 66264.16(a)(3);

(13) a copy of the closure plan and, where applicable, the postclosure plan required by sections 66264.112, 66264.118 and 66264.197. Include, where applicable, as part of the plans, specific requirements in sections 66264.178, 66264.197, 66264.228, 66264.258, 66264.280, 66264.310, 66264.351, 66264.601 and 66264.603;

(14) for hazardous waste disposal units that have been closed, documentation that notices required under section 66264.119 have been filed;

(15) the most recent closure cost estimate for the facility prepared in accordance with section 66264.142 and a copy of the documentation required to demonstrate financial assurance under section 66264.143. For a new facility, a copy of the required documentation may be submitted 60 days prior to the initial receipt of hazardous wastes, if that is later than the submission of the Part B;

(16) where applicable, the most recent post closure cost estimate for the facility prepared in accordance with section 66264.144 plus a copy of the documentation required to demonstrate financial assurance under section 66264.145. For a new facility, a copy of the required documentation may be submitted 60 days prior to the initial receipt of hazardous wastes, if that is later than the submission of the Part B;

(17) where applicable, a copy of the insurance policy or other documentation which comprises compliance with the requirements of section 66264.147. For a new facility, documentation showing the amount of insurance meeting the specification of section 66264.147(a) and, if applicable, section 66264.147(b), that the owner or operator plans to have in effect before initial receipt of hazardous waste for transfer, treatment, storage or disposal. A request for a variance in the amount of required coverage, for a new or existing facility, may be submitted as specified in section 66264.147(c);

(18) a topographic map showing a distance of 2000 feet around the facility at a scale of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200 feet). Contours shall be shown on the map. The contour interval shall be sufficient to clearly show the pattern of surface water flow in the vicinity of and from each operational unit of the facility. For example, contours with an interval of 1.5 meters (5 feet), if relief is greater than 6.1 meters (20 feet), or an interval of 0.6 meters (2 feet), if relief is less than 6.1 meters (20 feet). Owners and operators of hazardous waste management facilities located in mountainous areas should use larger contour intervals to adequately show topographic profiles of facilities. The map shall clearly show the following:

(A) map scale and date;

(B) 100-year floodplain area;

(C) surface waters including intermittent streams;

(D) surrounding land uses (residential, commercial, agricultural, recreational);

(E) a wind rose (i.e., prevailing wind-speed and direction);

(F) orientation of the map (north arrow);

(G) legal boundaries of the hazardous waste management facility site;

(H) access control (fences, gates);

(I) injection and withdrawal wells both onsite and offsite;

(J) buildings; transfer, treatment, storage or disposal operations; or other structure (recreation areas, run-off control systems, access and internal roads, storm, sanitary and process sewerage systems, loading and unloading areas, fire control facilities, etc.);

(K) barriers for drainage or flood control;

(L) location of operational units within the hazardous waste management facility site, where hazardous waste is (or will be) transferred, treated, stored or disposed (include equipment cleanup areas);

(19) any additional information related to the proposed activity or facility which is requested by the Department;

(20) for land disposal facilities, if a case-by-case extension for RCRA wastes has been approved by USEPA under 40 CFR Section 268.5 and by the Department under section 66268.5 or a petition has been approved under section 66268.6, copies of the notices of approval for the extension or petition are required. If a variance for non RCRA wastes has been granted by the Department under Health and Safety Code section 25143 and section 66260.210 of this division, a copy of the letter granting the variance is required;

(21) For facilities applying for RCRA permits, a summary of the pre-application meeting, along with a list of attendees and their addresses, and copies of any written comments or materials submitted at the meeting, as required under section 66271.31(c).

(c) Additional information requirements. The information specified in this subsection shall be submitted for each regulated unit at a hazardous waste management facility. An owner or operator of a regulated unit that did not receive hazardous waste after February 2, 1985 shall submit this additional information only as it pertains to the water quality protection requirements of article 6 of chapter 14 of this division:

(1) a summary of the environmental monitoring data obtained during the interim status period under sections 66265.90 through 66265.99 and sections 66265.710 through 66265.714, where applicable;

(2) identification of the uppermost aquifer and aquifers hydraulically interconnected beneath the facility property, including groundwater flow direction and rate, which at a minimum shall be determined at the times of expected highest and lowest annual elevations of the groundwater surface, and the basis for such identification (i.e., the information obtained from hydrogeologic investigations of the facility area);

(3) on the topographic map required under subsection (b)(18) of this section, a delineation of the waste management area, the property boundary, the proposed “point of compliance” as defined under section 66264.95, the proposed location of monitoring points as required under sections 66264.95 and 66264.705, and, to the extent possible, the information required in subsection (c)(2) of this section;

(4) a description of any plume of contamination or pollution that has migrated from a regulated unit at the time that the application was submitted that:

(A) delineates the extent of the plume on the topographic map required under subsection (b)(18) of this section;

(B) identifies the concentration of each constituent of concern throughout the plume or identified the maximum concentrations of each such constituent in the plume;

(5) detailed plans and an engineering report describing the proposed environmental monitoring programs to be implemented to meet the requirements of articles 6 and 17 of chapter 14 of this division. This submission shall be prepared and certified by a geologist registered in California or a civil engineer registered in California;

(6) if a detection monitoring program is required under section 66264.91 and/or section 66264.701 at the time of permit application, the owner or operator shall submit sufficient information, supporting data, and analyses to establish a detection monitoring program which meets the requirements of section 66264.98 and/or section 66264.706. This submission shall address the following items specified under section 66264.98 and 66264.706:

(A) a proposed list of constituents of concern for groundwater, surface water, air, soil-pore gas and soil-pore liquid, a proposed list of hazardous constituents for air, soil and soil-pore gas and a proposed list of monitoring parameters for each medium that can provide a reliable indication of a release from a regulated unit;

(B) proposed groundwater, soil-pore liquid and surface water monitoring systems required under section 66264.98 and any air or soil-pore gas monitoring systems required under article 17 of chapter 14;

(C) background values for each proposed monitoring parameter, hazardous constituent, and constituent of concern, or procedures to calculate such values; and

(D) a description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating monitoring data;

(7) if an evaluation monitoring program is required under section 66264.91 and/or a compliance monitoring program is required under section 66264.701 at the time of the permit application, the owner or operator shall submit sufficient information, supporting data, and analyses to establish an evaluation monitoring program which meets the requirements of sections 66264.99 and/or a compliance monitoring program under section 66264.707. The owner or operator shall also submit an engineering feasibility study for a corrective action program necessary to meet the requirements of sections 66264.100 and/or 66264.708, unless the owner or operator obtains written authorization from the Department prior to submittal of the permit application to submit a proposed permit schedule for submittal of such a study. To demonstrate compliance with sections 66264.99 and/or 66264.707, the owner or operator shall address the following items:

(A) a description of the wastes previously handled at the facility;

(B) a characterization of the contaminated or polluted groundwater, soil, soil-pore liquid, soil-pore gas, surface water or air, including concentrations of monitoring parameters, hazardous constituents.and constituents of concern in each medium;

(C) for each medium, a proposed list of monitoring parameters for which evaluation monitoring will be undertaken in accordance with sections 66264.97 and 66264.99 and/or for compliance monitoring under section 66264.707;

(D) for each medium, background values, and any proposed concentration limits greater than background and/or alternate concentration limits for each constituent of concern and/or hazardous constituent based on the criteria set forth in sections 66264.94 and/or 66264.704, including a justification for establishing any such concentration limits;

(E) detailed plans and an engineering report describing the proposed monitoring system, prepared and certified by a geologist registered in California or a civil engineer registered in California, in accordance with the requirements of sections 66264.97 and 66264.98 and/or section 66264.707; and

(F) a description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating monitoring data;

(8) if a corrective action program is required under sections 66264.91 and/or 66264.701 at the time of permit application, the owner or operator shall submit sufficient information, supporting data, and analyses to establish a corrective action program which meets the requirements of sections 66264.100 and/or 66264.7098. To demonstrate compliance with sections 66264.100 and/or 66264.7098, the owner or operator shall address, at a minimum, the following items:

(A) a characterization of the contaminated or polluted groundwater, soil, soil-pore liquid, soil-pore vapor, surface water or air including concentrations of monitoring parameters, hazardous constituents and constituents of concern in each medium;

(B) a proposed list of hazardous constituents and constituents of concern for each medium;

(C) for each medium, the proposed concentration limits for each hazardous constituent and constituent of concern as set forth in sections 66264.94 and/or 66264.704;

(D) detailed plans and an engineering report describing the corrective action to be taken and proposed environmental monitoring programs, prepared and certified by a geologist registered in California or a civil engineer registered in California; and

(E) a description of how the environmental monitoring programs will demonstrate the adequacy of the corrective action;

(F) a proposed permit schedule for submittal of the information operator obtains written authorization from the Department prior to submittal of the permit application.

(d) Information requirements for solid waste management units.

(1) The following information is required for each solid waste management unit at a facility seeking a permit:

(A) the location of the unit on the topographic map required under subsection (b)(18) of this section;

(B) designation of type of unit;

(C) general dimensions and structural description (supply any available drawings);

(D) when the unit was operated;

(E) specification of all wastes that have been managed at the unit, to the extent available;

(F) when applicable, the information required under section 66264.801.

(2) The owner or operator of any facility containing one or more solid waste management units shall submit all available information pertaining to any release of hazardous wastes or hazardous constituents from such unit or units.

(3) The owner/operator shall conduct and provide the results of sampling and analysis of groundwater, landsurface and subsurface strata, surface water, or air, which may include the installation of wells, where the Department ascertains it is necessary to complete a RCRA Facility Assessment that will determine if a more complete investigation is necessary.

(e) California Environmental Quality Act (CEQA) Information Requirements. Unless the Department has determined that the activity to be permitted is exempt from the requirements of CEQA pursuant to Title 14, CCR section 15061, the applicant shall submit with Part B of the permit application all information necessary to enable the Department to prepare an Initial Study meeting the requirements of Title 14, CCR section 15063.

HISTORY

1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).

2. Amendment of subsections (b)(5) and (b)(8)(E) and Note and new subsection (b)(8)(F) filed 12-23-92; operative 1-22-93 (Register 93, No. 2).

3. Amendment of subsection (b)(2) and Note filed 10-24-94 as an emergency; operative 10-24-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-20-95 or emergency language will be repealed by operation of law on the following day.

4. Amendment of subsection (b)(2) and Note refiled 2-21-95 as an emergency; operative 2-21-95 (Register 95, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-21-95 or emergency language will be repealed by operation of law on the following day.

5. Amendment of subsection (b)(2) and Note refiled 6-19-95 as an emergency; operative 6-19-95 (Register 95, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-95 or emergency language will be repealed by operation of law on the following day.

6. Amendment of subsection (b)(2) and Note refiled 10-16-95 as an emergency; operative 10-16-95 (Register 95, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-96 or emergency language will be repealed by operation of law on the following day.

7. Certificate of Compliance as to 10-24-94 order transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).

8. Change without regulatory effect adding new subsection (b)(21) filed 12-19-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 51).

9. Change without regulatory effect amending subsection (b)(20) filed 8-15-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 33).

10. Change without regulatory effect amending subsection (b)(5) and Note filed 6-11-99 pursuant to Health and Safety Code section 25159.1 (Register 99, No. 24).

Note

Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6, 25200 and 58012, Health and Safety Code; and 40 CFR Section 270.14.