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Title 22 Environmental Health Standards—Hazardous Waste § 66262.34
<br />(B) the waste is placed on drip pads and the generator complies with
<br />chapter 15, article 17.5, and maintains the following records at the facil-
<br />ity:
<br />1. a description of procedures that will be followed to ensure that all
<br />wastes are removed from the drip pad and associated collection system
<br />at least once every 90 days; and
<br />2. documentation of each waste removal, including the quantity of
<br />waste removed from the drip pad and the sump or collection system and
<br />the date and time of removal; and/or
<br />(C) the waste is placed in containment buildings and the generator
<br />complies with article 29 of Chapter 15 of this division, has placed its pro-
<br />fessional engineer (PE) certification that the building complies with the
<br />design standards specified in 66265.1101 in the facility's operating re-
<br />cord no later than 60 days after the date of initial operation of the unit.
<br />After February 18, 1993, PE certification will be required prior to opera-
<br />tion of the unit. The owner or operator shall maintain the following re-
<br />cords at the facility:
<br />1. a written description of procedures to ensure that each waste volume
<br />remains in the unit for no more than 90 days, a written description of the
<br />waste generation and management practices for the facility showing that
<br />they are consistent with respecting the 90 day limit, and documentation
<br />that the procedures are complied with; or
<br />2. documentation that the unit is emptied at least once every 90 days;
<br />and
<br />(2) the date upon which each period of accumulation begins is clearly
<br />marked and visible for inspection on each container; and
<br />(3) the generator complies with the requirements of subsection (f) of
<br />this section; and
<br />(4) the generator complies with the requirements for owners or opera-
<br />tors in articles 3 and 4 of chapter 15 of this division and with section
<br />66265.16, and with section 66268.7(a)(4).
<br />(b) The beginning of the 90 day period specified in subsections (a) and
<br />(c) of this section is determined as follows:
<br />(1) if the generator does not generate more than 100 kilograms of haz-
<br />ardous waste or one kilogram of acutely hazardous waste (listed in sec-
<br />tion 66261.33(e)) or one kilogram of extremely hazardous waste during
<br />any calendar month, the 90 day period begins on the date the generator
<br />has accumulated 100 kilograms of hazardous waste or one kilogram of
<br />acutely hazardous waste or one kilogram of extremely hazardous waste;
<br />(2) if the generator generates more than 100 kilograms of hazardous
<br />waste or one kilogram of acutely hazardous waste or one kilogram of ex-
<br />tremely hazardous waste during any calendar month, the 90 -day period
<br />begins on the first date on which any amount of hazardous waste begins
<br />to accumulate during that month.
<br />(c) A generator who accumulates hazardous waste for more than 90
<br />days is an operator of a storage facility and is subject to the requirements
<br />of chapters 14 and 15 of this division and the permit requirements of
<br />chapter 20 of this division, unless the generator has been granted an ex-
<br />tension to the 90 -day period or meets the requirements of subsection (d)
<br />or (e) of this section. An extension may be granted pursuant to section
<br />66262.35 if non-RCRA or RCRA exempt hazardous wastes must remain
<br />on-site for longer than 90 days due. An extension may be granted by the
<br />Department if RCRA hazardous wastes must remain onsite for longer
<br />than 90 days due to unforeseeable, temporary, and uncontrollable cir-
<br />cumstances. An extension of up to 30 days for RCRA hazardous waste
<br />may be granted at the discretion of the Department on a case-by-case ba-
<br />sis.
<br />(d) Notwithstanding subsections (a) and (c) of this section and section
<br />66262.35, a generator of less than 1,000 kilograms of hazardous waste
<br />in any calendar month who accumulates hazardous waste onsite for 180
<br />days or less, or 270 days or less if the generator transports the generator's
<br />own waste, or offers the generator's waste for transportation, over a dis-
<br />tance of 200 miles or more, for offsite treatment, storage, or disposal, is
<br />not a storage facility if all of the following apply:
<br />(1) The quantity of hazardous waste accumulated onsite never exceeds
<br />6,000 kilograms.
<br />(2) The generator complies with the requirements of subdivisions (d),
<br />(e) and (f) of section 262.34 of Title 40 of the Code of Federal Regula-
<br />tions.
<br />(3) The generator does not hold acutely hazardous waste or extremely
<br />hazardous waste in an amount greater than one kilogram for more than
<br />90 days.
<br />(e)(1) A generator may accumulate as much as 55 gallons of hazardous
<br />waste, one quart of acutely hazardous waste (listed in section
<br />66261.33(e)) or one quart of extremely hazardous waste at or near any
<br />point of generation, without a permit or grant of interim status, without
<br />complying with subsections (a), (b) and (c) of this section, if all of the fol-
<br />lowing requirements are met with respect to this waste:
<br />(A) the waste is accumulated in containers; other than tanks, at the ini-
<br />tial accumulation point which is at or near the area where the waste is gen-
<br />erated and which is under the control of the operator of the process gener-
<br />ating the waste;
<br />(B) the generator does not hold the waste onsite for more than one year
<br />from the initial date of accumulation, or for longer than the applicable ac-
<br />cumulation period specified in subdivision (a) or (d), whichever occurs
<br />first. For purposes of this subdivision, the applicable accumulation peri-
<br />od specified in subdivision (a) or (d) shall start on the date the quantity
<br />limitation specified in paragraph 1 of subsection (e) of this section is
<br />reached:
<br />(C) the initial date of waste accumulation is clearly marked and visible
<br />for inspection on each container used for accumulation of hazardous
<br />waste;
<br />(D) the generator complies with sections 66265.171, 66265.172, and
<br />66265.173(x) of this division; and
<br />(E) the generator complies with subsections (e)(2), (e)(3) and (f)(3) of
<br />this section.
<br />(2) Except as provided in subsections (e)(2)(A) and (e)(2)(B) of this
<br />section, a process or group of processes meeting the requirements of sub-
<br />section (e)(1) of this section, shall be subject to a single 55 gallon or one
<br />quart accumulation limit for that process or group of processes.
<br />(A) If not all of the wastestreams generated by a single process or
<br />group of processes located within the same physical area are compatible,
<br />a separate 55 gallon or one quart limit shall apply to each group of wastes-
<br />treams that are compatible.
<br />(B) If the generator determines that using only one 55 -gallon or one -
<br />quart container to initially accumulate specific compatible wastestreams
<br />is not practical (e.g., prevents recycling or requires unreasonable accu-
<br />mulation procedures) or safe from an environmental or worker/public
<br />health and safety standpoint, the generator may use a separate 55 -gallon
<br />or one -quart container for those specific compatible wastestreams. The
<br />generator's determination shall be subject to review and approval by the
<br />Department at any time.
<br />(3) A generator who has accumulated an amount of hazardous waste,
<br />acutely hazardous waste or extremely hazardous waste equal to any
<br />applicable quantity limitation listed in subsection (e)(1) of this section at
<br />or near any point of generation shall, with respect to that waste, comply
<br />within three days with subsection (a) of this section and other applicable
<br />provisions of this division. During the three day period the generator
<br />shall continue to comply with subsection (e)(1) of this section. Within the
<br />three day period, the generator shall mark the container holding the haz-
<br />ardous waste with the date the applicable quantity limitation was
<br />reached.
<br />(f) Generators who accumulate hazardous waste on site without a per-
<br />mit or grant of interim status shall comply with the following require-
<br />ments:
<br />(1) the date upon which each period of accumulation begins shall be
<br />clearly marked and visible for inspection on each container and portable
<br />tank;
<br />Page 695 Regi,ter9g, No. 40; 10-2-98
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