§ 67450.43. Notification Requirements.

(a) The owner or operator of a SHWCCAF shall be deemed to have a permit by rule when the owner or operator complies with subsections (b), (c), (d), (f) and (h) of this section, as applicable, and receives an acknowledgment from the CUPA or authorized agency authorizing operation of the SHWCCAF as required by subsection (e) or (g).

(b) The owner or operator of a SHWCCAF shall submit to the CUPA or authorized agency, in person or by certified mail with return receipt requested, a notification of intent to operate a SHWCCAF. The notification shall consist of the Business Activities page and the Business Owner/Operator Page of the Unified Program Consolidated Form (UPCF)(1/99 revised) found in Title 27, CCR, Division 1, Subdivision 4, Chapter 1, Appendix E (after section 15620), and all of the facility information listed below.

(1) The name, mailing address and telephone number of the SHWCCAF owner or operator;

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

(3) The name, title, address, telephone number, facsimile number, and pager number, if applicable, of the facility contact person;

(4) The name, address, and telephone number of the legal owner of the property where the SHWCCAF is located, and a copy of a signed agreement by the property owner acknowledging and allowing operation of the SHWCCAF, if the property owner is different from the SHWCCAF owner or operator,

(5) A listing of all schools that will contribute hazardous waste to the SHWCCAF.

(6) An estimate of the total volume (in gallons or pounds) of hazardous wastes to be received at the SHWCCAF in an average month.

(7) A description of how waste is to be managed at the SHWCCAF, including the number of waste storage containers, volumes of each container, and total waste storage capacity of the SHWCCAF.

(8) A description of the operational hours and safety precautions to be taken at the SHWCCAF.

(9) A detailed description of the SHWCCAF. The description shall include, but not be limited to, fencing, gates, traffic flow, waste transfer areas, waste sorting areas, waste storage areas, containment features, and uses of the property surrounding the SHWCCAF and the SHWCCAF site property.

(10) Certification of financial responsibility for closure as required by section 67450.49(d).

(11) A facility plot map showing the general layout of the SHWCCAF. The drawing shall fit on an 8 1/2” by 11” sheet of paper, and include the following:

(A) Map scale, north arrow, and date;

(B) The boundaries of the SHWCCAF;

(C) The name and location of each operation area and waste management unit (Example: consolidation area, storage area, used oil tank, etc.);

(D) The approximate location of the SHWCCAF site property boundaries with respect to the SHWCCAF;

(E) Security provisions (fencing, gates, etc.); and

(F) Internal roads, and onsite and offsite traffic flow.

(c) The notification shall be submitted a minimum of 45 days in advance of the planned commencement of operation of the SHWCCAF, and every five (5) years thereafter, or every five (5) years from the notification revision submitted pursuant to subsection (f). 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.

(d) The owner or operator of a SHWCCAF accepting waste from schools located within different CUPA or authorized agency jurisdictions shall submit copies of the notification, with a brief explanation indicating the copies are for information only, to each CUPA within whose jurisdiction a contributing school is located. The CUPA or authorized agency in whose jurisdiction the SHWCCAF is located shall coordinate with any other CUPAs or authorized agencies having jurisdiction over contributing schools on issues affecting those contributing schools.

(e) Within thirty (30) calendar days of receipt of a notification submitted pursuant to subsections (b) or (c) of this section, the CUPA or authorized agency shall acknowledge in writing receipt of the notification. The CUPA or authorized agency shall, in conjunction with the acknowledgment, authorize operation of the SHWCCAF subject to the requirements and conditions of this article; revoke, suspend, or deny authorization or reauthorization to operate under a permit by rule pursuant to section 67450.50; or notify the owner or operator that the notification is incomplete or inaccurate and inform the operator that additional information or correction(s) is needed. The CUPA or authorized agency shall deny the notification of any owner or 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 owner or operator, the CUPA or authorized agency shall grant the owner or operator additional time to provide the information or correction(s) requested. An owner or operator whose notification is rejected may submit a new or revised notification. The CUPA or authorized agency shall submit copies of any letter modifying or revoking authorization of the SHWCCAF to all CUPAs or authorized agencies in whose jurisdiction contributing schools are located.

(f) Forty-five (45) calendar days prior to implementing any change in the operation of the SHWCCAF as described in the notification required by subsections (b) or (c) of this section, the owner or operator shall send a revised notification to the CUPA or authorized agency. The 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 owner or operator, the CUPA or authorized agency shall allow the owner or operator to submit the revised notification within a shorter period of time prior to implementing the change.

(g) Within thirty (30) calendar days of receipt of a revised notification submitted pursuant to paragraph (f) of this section, the CUPA or authorized agency shall acknowledge in writing receipt of the revised notification. The CUPA or authorized agency shall, in conjunction with the acknowledgment, authorize continued operation of the SHWCCAF subject to the requirements and conditions of this article; deny authorization to operate under the revised notification specifications pursuant to section 67450.50; or notify the operator that the revised notification is incomplete or inaccurate and inform the owner or operator of the additional information or correction(s) needed. The 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 owner or operator, the CUPA or authorized agency shall grant the operator additional time to provide the information or correction(s) requested. An owner or operator whose revised notification is rejected may submit a new revised notification. The owner or operator whose revised notification is rejected may continue to operate the SHWCCAF under the conditions of the previous authorization until authorization is received to operate under a revised notification, unless the previous authorization is revoked, suspended, denied, or voided pursuant to section 67450.50. The CUPA or authorized agency shall submit copies of any letter accepting or rejecting the revised notification to all CUPAs or authorized agencies in whose jurisdiction contributing schools are located.

(h) The owner or operator of a SHWCCAF shall remain in compliance with the requirements specified in this article between the time the SHWCCAF commences operation and the time the applicable facility closure performance standard requirements of section 67450.48 are met.

HISTORY

1. New section filed 1-30-2002; operative 1-30-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 5).

Note

Note: Authority cited: Section 25150, Health and Safety Code. Reference: Sections 25150, 25158, 25185.6, 25186, 25200, 25245.4 and 25404.1, Health and Safety Code.