§ 66270.61. Emergency Permits.

(a) Notwithstanding any other provision of this chapter or chapter 21 of this division, in the event the Department finds an imminent and substantial endangerment to human health or the environment the Department may issue a temporary emergency permit:

(1) to an otherwise non-permitted facility, including but not limited to, a facility operating pursuant to interim status or a variance, etc., to allow transfer, treatment, storage, or disposal of hazardous waste; or

(2) to a permitted facility to allow transfer, treatment, storage, or disposal of a hazardous waste not covered by an effective permit.

(b) This emergency permit:

(1) may be oral or written. If oral, it shall be followed in five days by a written emergency permit;

(2) shall not exceed 90 days in duration;

(3) shall clearly specify the hazardous wastes to be received, and the manner and location of their transfer, treatment, storage, or disposal;

(4) may be terminated by the Department at any time without process if it is determined that termination is appropriate to protect human health or the environment;

(5) shall be accompanied by a public notice published under section 66271.9 including:

(A) name and address of the office granting the emergency authorization;

(B) name and location of the permitted HWM facility;

(C) a brief description of the wastes involved;

(D) a brief description of the action authorized and reasons for authorizing it; and

(E) duration of the emergency permit; and

(6) shall incorporate, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of this chapter and chapters 14 and 16 of this division .

HISTORY

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

Note

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.61.