§ 67100.13. Certification Requirements.

(a) The review and plan, report, and compliance checklist, completed pursuant to this article shall be reviewed by an engineer who is registered as a professional engineer pursuant to section 6762 of the Business and Professions Code, by an individual who is responsible for the processes and operations of the site, or by an environmental assessor as defined in section 25114.5 of the Health and Safety Code.

(b) The engineer, individual, or environmental assessor shall certify the review and plan only if the review and plan meet all of the following requirements:

(1) The review and plan addresses each hazardous waste stream identified pursuant to section 67100.5(h) of these regulations.

(2) The review and plan addresses the source reduction approaches specified in section 67100.5(j) of these regulations.

(3) The plan clearly sets forth the measures to be taken with respect to each hazardous waste stream for which source reduction has been found to be technically feasible and economically practicable, with timetables for making reasonable and measurable progress, and documents the rationale for rejecting available source reduction measures.

(4) The plan does not merely shift hazardous waste from one environmental medium to another environmental medium by increasing emissions or discharges to air, water, or land.

(c) The engineer, individual, or environmental assessor shall certify that compliance checklist has been completed.

(d) The engineer, individual, or environmental assessor shall certify the report only if the report meets the following requirement:

(1) The report identifies factors that affect the generation and onsite and offsite management of hazardous wastes and summarizes the effect of those factors on the generation and onsite and offsite management of hazardous wastes.

(e) The plan, report, and compliance checklist shall contain the following language signed and dated by either the owner, the operator, or the responsible corporate officer of the site or an authorized individual; who is capable of committing financial resources necessary to implement the source reduction measures:

“I certify that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or the persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for making false statements or representations to the Department, including the possibility of fines for criminal violations.”

HISTORY

1. Renumbering of former section 67100.10 to section 67100.13, including amendment of section heading and text filed 9-27-93 as an emergency; operative 9-27-93 (Register 93, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-25-94 or emergency language will be repealed by operation of law on the following day.

2. Editorial correction of printing error in History 1 (Register 94, No. 4).

3. Renumbering of former section 67100.10 to section 67100.13 including amendment of section heading and text refiled as an emergency; operative 1-25-94 (Register 94, No. 4). A Certificate of Compliance must be transmitted to OAL by 5-25-94 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 1-25-94 order including amendment of Note transmitted to OAL 4-21-94 and filed 6-3-94 (Register 94, No. 22).

5. Change without regulatory effect amending section filed 6-19-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 25).

6. Change without regulatory effect amending subsection (a) and Note filed 1-7-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 2).

Note

Note: Authority cited: Sections 25150 and 25244.15, Health and Safety Code; and section 58012, Governor's Reorganization Plan, No. 1 of 1991. Reference: Sections 25189.2, 25244.19 and 25244.20, Health and Safety Code.