§ 67450.7. Corrective Action Requirements for Facilities Operating Under Permit by Rule.

(a) An owner or operator of a facility who operates a transportable treatment unit (TTU) or fixed treatment unit (FTU) under a permit by rule pursuant to section 67450.2(a) or section 67450.2(b) shall complete a corrective action program at the facility. Corrective action shall consist of a phase 1 environmental assessment developed pursuant to Health and Safety Code section 25200.14 and subsequent corrective action conducted in accordance with the requirements in section 68400.16 as necessary to protect human health and the environment for all releases of hazardous waste or constituents from any solid or hazardous waste management unit at the facility, regardless of the time at which waste was placed in the unit.

(1) For purposes of this section, a “facility” shall include the entire site that is under the control of the owner or operator of the facility who is operating or proposing to operate a TTU or FTU under a permit by rule.

(2) For purposes of this section, a phase I environmental assessment means a preliminary site assessment based on reasonably available knowledge of the facility, including, but not limited to, historical use of the property, prior releases, visual and other surveys, records, consultant reports, and regulatory agency correspondence. The phase 1 environmental assessment shall consist of completion of the Phase 1 Environmental Assessment Checklist developed by DTSC pursuant to HSC Section 25200.14.

(3) The phase 1 environmental assessment shall be conducted and submitted to the Department or the UPA authorized by the Department within one year of the initial notification submitted to the Department or authorized UPA pursuant to section 67450.2(b)(2).

(b) The notifications required pursuant to sections 67450.2(b)(2) and 67450.3(a)(3), and any subsequent notifications required by sections 67450.3(a)(4), 67450.3(c)(1) or 67450.3(c)(2) shall specify whether a phase I environmental assessment has been completed. The owner or operator of the FTU(s) or TTUs shall submit the Phase I Environmental Assessment Checklist to the Department at the address specified on form DTSC 1772 (1/96) or to the authorized UPA. The certification shall be signed as required by Health and Safety Code section 25200.14(d).

HISTORY

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

2. Change without regulatory effect amending subsection (a), adding new subsections (a)(2)-(3), renumbering subsections, amending subsections (b), (c) and (e) and amending Note filed 3-26-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 13).

3. Amendment of subsection (a) and repealer of subsections (a)(1)-(g) filed 11-19-98 as an emergency; operative 11-19-98 (Register 98, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-19-99 or emergency language will be repealed by operation of law on the following day.

4. Reinstatement of subsections (a)-(g) as they existed prior to 11-19-98 emergency amendment by operation of Government Code section 11346.1(f) (Register 99, No. 12).

5. Amendment of subsection (a) and (a)(3), repealer of subsection (a)(4), amendment of subsection (b), repealer of subsections (b)(1)-(g) and amendment of Note filed 7-20-2006; operative 8-19-2006 (Register 2006, No. 29).

Note

Note: Authority cited: Sections 25150, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25187, 25200, 25200.10 and 25404.1, Health and Safety Code.