§ 66270.73. Termination of Interim Status.

Interim status terminates when:

(a) final administrative disposition of a permit application is made; or

(b) interim status

is terminated as provided in section 66270.10(e)(3);

(c) for owners or operators of each land disposal facility which has been granted interim status prior to November 8, 1984, on November 8, 1985, 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; or

(2) the owner or operator of the facility does both of the following:

(A) submits a Part B application for a permit for such facility prior to that date; and

(B) certifies that such facility is in compliance with all applicable ground-water monitoring and financial responsibility requirements;

(d) for owners or operators of each land disposal facility which is in existence on the effective date of statutory or regulatory amendments under the Health and Safety Code that render the facility subject to the requirement to have a permit and which is granted interim status, twelve months after the date on which the facility first becomes subject to such permit requirement 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; or

(2) the owner or operator of the facility does both of the following:

(A) submits a Part B application for a permit for such facility before the date 12 months after the date on which the facility first becomes subject to such permit requirement; and

(B) certifies that such facility is in compliance with all applicable ground water monitoring and financial responsibility requirements;

(e) for owners or operators of any land disposal unit that is granted authority to operate under section 66270.72(a)(1), (2) or (3), on the date 12 months after the effective date of such requirement, 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; or

(2) the owner or operator certifies that such unit is in compliance with all applicable ground water monitoring and financial responsibility requirements;

(f) for owners or operators of each incinerator facility which has achieved interim status prior to November 8, 1984, interim status terminates on 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; or

(2) the owner or operator of the facility submits a Part B application for a permit for an incinerator facility by November 8, 1986;

(g) for owners or operators of any facility (other than a land disposal or an incinerator facility) which has achieved interim status prior to November 8, 1984, interim status terminates on November 8, 1992, unless one of the following applies:

(1) Part A of the facility's permit application specifies that only non-RCRA hazardous wastes will be transferred, treated, or stored at the facility; or

(2) the owner or operator of the facility submits a Part B application for a permit for the facility by November 8, 1988.

HISTORY

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

2. Editorial correction restoring appropriate hierarchical structure (Register 93, No. 20).

3. Amendment of subsections (f) and (g) and Note filed 7-1-96; operative 7-31-96 (Register 96, No. 27).

Note

Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25200.5 and 25200.7, Health and Safety Code and 40 CFR Section 270.73.