§ 66270.60. Permits by Rule.

(a) Notwithstanding any other provision of this chapter, all variances previously issued to owners or operators of hazardous waste management units or facilities for treatment activities which are eligible for permit by rule are revoked effective May 1, 1992. This revocation date does not apply to temporary household hazardous waste collection facilities or K-12 schools hazardous waste collection, consolidation, and accumulation facilities (SHWCCAF) eligible for operation pursuant to article 5 of chapter 45 (commencing with section 67450.40). The owner or operator of a SHWCCAF operating under a variance issued by the department may continue operation under the conditions of the variance until the variance expires.

(b) No TTU owner or operator authorized to treat hazardous waste pursuant to a permit by rule before January 1, 1992 shall be deemed to have a permit after May 1, 1992 unless the TTU owner or operator submits a notification as specified in section 67450.2(a) and receives an acknowledgement from the Department authorizing operation of the TTU.

(c) An owner or operator who has been issued a formal hazardous waste facility permit pursuant to Health and Safety Code section 25200, or granted interim status pursuant to Health and Safety Code section 25200.5 for a unit or facility which is otherwise eligible for operation pursuant to a permit by rule may convert to operation pursuant to a permit by rule as follows:

(1) An owner or operator who has been issued a formal hazardous waste facility permit shall submit a written request for a permit modification to the Department pursuant to section 66271.4. All requirements established in the hazardous waste facility permit shall remain in effect pending completion of the modification proceedings.

(2) An owner or operator who has been granted interim status or another grant of authorization other than those specified in paragraph (3), and who intends to operate under a permit by rule shall advise the Department, in writing, of intent to operate pursuant to a permit by rule, request withdrawal of a submitted Part B application, if applicable, and submit the notification specified in subsection (d)(6)(A) of this section or section 67450.2(b)(2), whichever is applicable to the CUPA or authorized agency.

(d) Except as provided in Section 67450.9, the following shall be deemed to have a permit if the conditions listed are met:

(1) The owner or operator of a publicly owned treatment works (POTW). The owner or operator of a POTW which accepts hazardous waste for treatment, shall be deemed to have a permit if the requirements of subsections (d)(1)(A) through (d)(1)(E) of this section are met:

(A) The owner or operator shall have a National Pollutant Discharge Elimination System (NPDES) permit and waste discharge requirements issued by a Regional Water Quality Control Board;

(B) The owner or operator shall comply with the conditions of the NPDES permit and waste discharge requirements;

(C) The owner or operator shall comply with the following regulations:

1. Section 66264.11, Identification Number;

2. Section 66264.71, Use of Manifest System;

3. Section 66264.72, Manifest Discrepancies;

4. Section 66264.73(a) and (b)(1), Operating Record;

5. Section 66264.75, Annual Report; and

6. Section 66264.76, Unmanifested Waste Report,

7. For NPDES permits issued after November 8, 1984, section 66264.801.

(D) The waste shall meet all Federal, State, and local pretreatment requirements which would be applicable to the waste if it were being discharged into the POTW through a sewer, pipe, or similar conveyance;

(E) Hazardous wastes generated by a POTW shall be managed in compliance with the requirements of this chapter.

(2) The owner or operator of an ocean disposal barge or vessel. The owner or operator of a barge or other vessel which accepts hazardous waste for ocean disposal, shall be deemed to have a permit if the requirements of subsections (d)(2)(A) through (d)(2)(C) of this section are met:

(A) The owner or operator shall have a permit for ocean dumping issued under Title 40, CFR, Part 220 (Ocean Dumping, authorized by the Federal Marine Protection, Research, and Sanctuaries Act, Title 33, U.S.C., Section 1420 et seq.);

(B) The owner or operator shall comply with the conditions of that permit; and

(C) The owner or operator shall comply with the regulations specified in subsection (d)(1)(C) of this section.

(3) The owner or operator of a Transportable Treatment Unit (TTU). The owner or operator of a TTU that treats hazardous waste shall be deemed to have a permit when the requirements of section 67450.2(a) and 67450.3(a)(3) are met and the Department acknowledges authorization of the TTU pursuant to sections 67450.2(a)(3) and 67450.3(b).

(4) The owner or operator of a Fixed Treatment Unit (FTU). The owner or operator of a FTU that treats hazardous waste shall be deemed to have a permit when the requirements of section 67450.2(b) are met.

(5) The operator of a temporary household hazardous waste collection facility (THHWCF). The operator of a THHWCF shall be deemed to have a permit when the operator complies with subsections (d)(5)(A) and (d)(5)(B) of this section. For purposes of this section, the public agency signing the notification required by subsection (d)(5)(A) of this section shall be deemed to have the permit to operate the THHWCF and shall assume all the responsibilities of an operator as specified in the sections applicable to THHWCFs. A public agency operating a THHWCF may enter into a written agreement with a person (contractor) to conduct the operations at the facility. The public agency shall be deemed the operator for the purposes of Chapters 20 and 45, and the other party to the agreement shall be deemed the contractor for the purposes of Chapters 20 and 45.

(A) The operator of a THHWCF shall submit, in person or by certified mail with return receipt requested, a Temporary Household Hazardous Waste Collection Facility Permit by Rule Notification (DTSC Form 8464) (9/94) to CUPA or authorized agency. Each notification may address all THHWCF events to be held at a given location during a single reporting period (January 1 through December 31). If significant changes to the notification information occur during the reporting period, an amended notification must be submitted immediately. The notification shall be submitted a minimum of 45 days in advance of the date the first session of the THHWCF commences operation. Each notification required by this subsection shall be completed, dated and signed according to the requirements of Section 66270.11 as those requirements apply to permit applications and shall be submitted with all of the following:

1. the name, mailing address and telephone number of the operator;

2. the facility name, address or legal description of the facility location and identification number issued by the Department;

3. an indication whether the facility will accept wastes from small quantity commercial sources;

4. a list of the days and hours of operation including alternate dates as appropriate;

5. the name, address and telephone number of the contact person for the THHWCF;

6. a listing of the local authorities that have been notified of the intended operation;

7. a listing of all local permits obtained for the operation of the facility;

8. an indication of an agreement between the property owner and facility operator allowing operation of the THHWCF; and

(B) Each THHWCF operator shall comply with the requirements specified in Section 67450.4 between the time the THHWCF session commences and the time the requirements of Section 67450.4(f) are met.

(6) The operator of a permanent household hazardous waste collection facility (PHHWCF). The operator of a PHHWCF shall be deemed to have a permit when the operator complies with subsections (d)(6)(A) and (d)(6)(C) of this section and receives an acknowledgement from CUPA or authorized agency authorizing operation of the PHHWCF pursuant to subsection (d)(6)(B) of this section. For purposes of Chapter 20 commencing with section 66270.1, and Chapter 45 commencing with section 67450.1, the public agency signing the notification required by subparagraph (A) of this paragraph shall be deemed to have the permit to operate the PHHWCF and the public agency or its contractor who conducts the operation of the PHHWCF shall assume all the responsibilities of an operator as specified in sections 67450.25 and 67450.30. A public agency operating a PHHWCF may enter into a written agreement with a person to conduct the operations at the facility. In such instances, the public agency shall be deemed the operator for the purposes of Chapters 20 and 45, and the other party to the agreement shall be deemed the contractor for the purposes of Chapters 20 and 45.

(A) The operator of a PHHWCF shall submit, in person or by certified mail with return receipt requested, a Permanent Household Hazardous Waste Collection Facility Permit by Rule Notification (DTSC Form 1094B) (11/08) to CUPA or authorized agency. The notification shall be submitted a minimum of 45 days in advance of the planned commencement of operation except as provided in subsections (c)(2) and (c)(3) of this section. Each notification required by this subsection shall be completed, dated and signed according to the requirements of section 66270.11 as those requirements apply to permit applications and shall be submitted with all of the following:

1. the name, mailing address and telephone number of the operator;

2. the facility name, address, legal description of the facility location, and identification number issued by the Department;

3. the contractor's name, address, telephone number and name of the contact person, if applicable;

4. a listing of all local and state permits required for the operation of the facility, and an indication of whether those permits have been obtained;

5. a copy of a written agreement between the property owner and facility operator, if applicable, allowing operation of the PHHWCF;

6. an indication whether the facility will accept wastes from conditionally exempt small quantity generators;

7. an identification of the types of wastes that will be consolidated at the PHHWCF, if applicable;

8. an estimate of the total quantity of waste expected to be brought to the PHHWCF in an average month;

9. the design capacity of the storage units at the PHHWCF;

10. the operating schedule of the PHHWCF;

11. a narrative description of the facility and its operation, including a description of the length of time waste will be held at the facility;

12. a plot plan of the facility showing the general perimeters of the facility, traffic patterns, and all hazardous waste management units, and including the information specified in sections 66270.14(b)(18)(A), (F), (G), (H), (J), and (L). (This requirement may be satisfied by submitting a hand drawn schematic.)

(B) CUPA or authorized agency within thirty (30) calendar days of receipt of a notification submitted pursuant to subsection (d)(6)(A) of this section, shall acknowledge in writing receipt of the notification. CUPA or authorized agency shall, in conjunction with the acknowledgement, authorize operation of the PHHWCF subject to the requirements and conditions of section 67450.25; deny authorization to operate under a permit by rule pursuant to section 67450.9(a); or notify the operator that the notification is incomplete or inaccurate and inform the operator of the additional information or correction(s) needed. CUPA or authorized agency shall deny the notification of any operator who fails to provide the information or correction(s) requested within ten (10) calendar days of receipt of the acknowledgement. Upon good cause shown by the operator, CUPA or authorized agency shall grant the operator additional time to provide the information or correction(s) requested. An operator whose notification is rejected may submit a new or revised notification.

(C) Fortyfive (45) calendar days prior to implementing any change in the operation of the facility as described in the notification required by paragraph (A) of this subsection, the operator shall send a revised notification (DTSC Form 1094B) (11/08) to CUPA or authorized agency. CUPA or authorized agency shall notify the operator if the information is incomplete or inaccurate within thirty (30) calendar days of receipt of the revised notification. Upon good cause shown by the operator, CUPA or authorized agency shall allow the operator to submit the revised notification within a shorter period of time prior to implementing the change.

(D) CUPA or authorized agency, within thirty (30) calendar days of receipt of a revised notification submitted pursuant to subsection (d)(6)(C) of this section, shall acknowledge in writing receipt of the revised notification. CUPA or authorized agency shall, in conjunction with the acknowledgment, authorize continued operation of the PHHWCF subject to the requirements and conditions of section 67450.25; deny authorization to operate under a permit by rule pursuant to section 67450.9(a); or notify the operator that the revised notification is incomplete or inaccurate and inform the operator of the additional information or correction(s) needed. CUPA or authorized agency shall deny the revised notification of any operator who fails to provide the information or correction(s) requested within ten (10) calendar days of receipt of the acknowledgment. Upon good cause shown by the operator, CUPA or authorized agency shall grant the operator additional time to provide the information or correction(s) requested. An operator whose revised notification is rejected may submit a new revised notification.

(E) Each PHHWCF operator and contractor shall comply with the requirements specified in section 67450.25 between the time the PHHWCF commences operation and the time the requirements of section 66265.111 are met.

(7) The owner or operator of a K-12 schools hazardous waste collection, consolidation, and accumulation facility (SHWCCAF). The owner or operator of a SHWCCAF shall be deemed to have a permit when the requirements of section 67450.43 are met and the SHWCCAF receives an acknowledgement from the CUPA or authorized agency authorizing operation of the SHWCCAF pursuant to sections 67450.43(e) or (g).

(A) The owner or operator of a SHWCCAF operating under a variance issued by the department shall submit a notification of intent to operate as a SHWCCAF under permit by rule pursuant to section 67450.43 no later than 45 days prior to the expiration date of the variance. The owner or operator of a SHWCCAF operating under a variance issued by the department shall discontinue operation of the SHWCCAF after the expiration date of the variance unless authorization to operate under permit by rule is received pursuant to section 67450.43(e).

HISTORY

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

2. Amendment filed 10-23-91; operative 1-1-92 (Register 92, No. 12).

3. New subsections (d)(5)-(d)(5)(C) and renumbering with amendment of text and Note filed 4-12-93; operative 4-12-93 (Register 93, No. 16).

4. Amendment of section and Note filed 8-30-95 as an emergency; operative 8-30-95 (Register 95, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-28-95 or emergency language will be repealed by operation of law on the following day.

5. Amendment of section and Note refiled 12-26-95 as an emergency; operative 12-26-95 (Register 95, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-24-96 or emergency language will be repealed by operation of law on the following day.

6. Amendment of section and Note refiled 4-25-96 as an emergency; operative 4-25-96 (Register 96, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-23-96 or emergency language will be repealed by operation of law on the following day.

7. Amendment of section and Note refiled 8-23-96 as an emergency; operative 8-23-96 (Register 96, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-23-96 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 8-23-96 order, including amendment of section, transmitted to OAL 9-27-96 and filed 11-7-96 (Register 96, No. 45).

9. Amendment filed 1-8-99 as an emergency; operative 1-8-99 (Register 99, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-10-99 or emergency language will be repealed by operation of law on the following day.

10. Amendment refiled 5-7-99 as an emergency; operative 5-7-99 (Register 99, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-7-99 or emergency language will be repealed by operation of law on the following day.

11. Amendment refiled 9-3-99 as an emergency; operative 9-3-99 (Register 99, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-3-2000 or emergency language will be repealed by operation of law on the following day.

12. Amendment refiled 12-29-99 as an emergency; operative 1-3-2000 (Register 99, No. 53). A Certificate of Compliance must be transmitted to OAL by 5-2-2000 or emergency language will be repealed by operation of law on the following day.

13. Certificate of Compliance as to 12-29-99 order transmitted to OAL 2-29-2000 and filed 4-11-2000 (Register 2000, No. 15).

14. Amendment of subsection (a), new subsections (d)(7)-(d)(7)(A) and amendment of Note filed 1-30-2002; operative 1-30-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 5).

15. Change without regulatory effect repealing subsection (d)(5)(A)9. filed 1-13-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 2).

16. Change without regulatory effect amending subsections (d)(6)(A) and (d)(6)(C) filed 1-6-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 2).

Note

Note: Authority Authority cited: Sections 25150, 25150.6, 25200, 25218.3(d) and 58012, Health and Safety Code. Reference: Sections 25150.6, 25159, 25159.5, 25200, 25218.2, 25218.3 and 25218.8, Health and Safety Code.