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Title 22 Onvironmental Health Standards—Hazardo ante § 66265.71
<br />operations, collecting and containing released waste, and removing or
<br />isolating containers.
<br />(f) If the facility stops operations in response to a fire, explosion or re-
<br />lease, the emergency coordinator shall monitor for leaks, pressure build-
<br />up, gas generation, or ruptures in valves, pipes, or other equipment, wher-
<br />ever this is appropriate.
<br />(g) Immediately after an emergency, the emergency coordinator shall
<br />provide for treating, storing, or disposing of recovered waste, contami-
<br />nated soil or surface water, or any other material that results from a re-
<br />lease, fire, or explosion at the facility. Unless the owner or operator can
<br />demonstrate, in accordance with section 66261.3(c) or (d) of this divi-
<br />sion, that the recovered material is not a hazardous waste, the owner or
<br />operator becomes a generator of hazardous waste and shall manage it in
<br />accordance with all applicable requirements of chapters 12, 13, and 15
<br />of this division.
<br />(h) The emergency coordinator shall ensure that, in the affected area(s)
<br />of the facility:
<br />(1) no waste that may be incompatible with the released material is
<br />transferred, treated, stored, or disposed of until cleanup procedures are
<br />completed; and
<br />(2) all emergency equipment listed in the contingency plan is cleaned
<br />and fit for its intended use before operations are resumed.
<br />(i) The owner or operator shall notify the Department, and appropriate
<br />State and local authorities, that the facility is in compliance with subsec-
<br />tion (h) of this section before operations are resumed in the affected
<br />area(s) of the facility.
<br />0) The owner or operator shall note in the operating record the time,
<br />date, and details of any incident that requires implementing the contin-
<br />gency plan. Within 15 days after the incident, the owner or operator shall
<br />submit a written report on the incident to the Department. The report shall
<br />include:
<br />(1) name, address, and telephone number of the owner or operator;
<br />(2) name, address, and telephone number of the facility;
<br />(3) date, time, and type of incident (e.g., fire, explosion);
<br />(4) name and quantity of material(s) involved;
<br />(5) the extent of injuries, if any;
<br />(6) an assessment of actual or potential hazards to human health or the
<br />environment, where this is applicable; and
<br />(7) estimated quantity and disposition of recovered material that re -
<br />suited from the incident.
<br />NOTE: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code.
<br />Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section
<br />265.56.
<br />HISTORY
<br />New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
<br />Article 5. Manifest System, Recordkeeping,
<br />• Reporting
<br />§ 66265.70. Applicability.
<br />The regulations in this article apply to owners and operators of both
<br />on-site and off-site facilities, except as -section 66265.1 provides other-
<br />wise. Sections 66265.71, 66265.72, and 66265.76 do not apply to owners
<br />and operators of on-site facilities that do not receive any hazardous waste
<br />from off-site sources.
<br />NOTE: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code.
<br />Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section
<br />265.70.
<br />HISTORY
<br />L. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
<br />§ 66265.71. Use of Manifest System.
<br />(a) If a facility receives hazardous waste accompanied by a manifest,
<br />the owner or operator, or the facility's agent, shall:
<br />(1) sign and date each copy of the manifest to certify that the hazardous
<br />waste covered by the manifest was received;
<br />(2) note any significant discrepancies in the manifest as defined in sec-
<br />tion 66265.72(a) on each copy of the manifest;
<br />(3) immediately give the transporter at least one copy of the signed
<br />manifest;
<br />(4) within 30 days after the delivery, send a copy of the manifest to the
<br />generator;
<br />(5) within 30 days of each receipt of hazardous waste submit to the De-
<br />partment a legible copy of each manifest used; and
<br />(6) retain at the facility a copy of each manifest for at least three years
<br />from the date of delivery.
<br />(b) If a facility receives, from a rail or water (bulk shipment) transport-
<br />er, hazardous waste which is accompanied by a shipping paper contain-
<br />ing all the information required on the manifest (excluding the Identifica-
<br />tion Numbers, generator's certification, and signatures), the owner or
<br />operator, or the facility's agent, shall:
<br />(1) sign and date each copy of the manifest or shipping paper (if the
<br />manifest has not been received) to certify that the hazardous waste cov-
<br />ered by the manifest or shipping paper was received;
<br />(2) note any significant discrepancies as defined in section
<br />66265.72(a) in the manifest or shipping paper (if the manifest has not
<br />been received) on each copy of the manifest or shipping paper;
<br />(3) immediately give the rail or water (bulk shipment) transporter at
<br />least one copy of the manifest or shipping paper (if the manifest has not
<br />been received);
<br />(4) within 30 days after the delivery, send a copy of the signed and
<br />dated manifest to the generator; however, if the manifest has not been re-
<br />ceived within 30 days after delivery, the owner or operator, or the facil-
<br />ity's agent, shall send a copy of the shipping paper signed and dated to
<br />the generator;
<br />(5) within 30 days of each receipt of hazardous waste submit to the De-
<br />partment a legible copy of each manifest or shipping paper (if the mani-
<br />fest has not been received) used; and
<br />(6) retain at the facility a copy of.the manifest and shipping paper (if
<br />signed in lieu of the manifest at the time of delivery) for at least three
<br />years from the date of delivery.
<br />(c) Whenever a shipment of hazardous waste is initiated from a facil-
<br />ity, the owner or operator of that facility shall comply with the require-
<br />ments of chapter 12 of this division.
<br />(d) Within three working days of the receipt of a shipment subject to
<br />the requirements of 40 CFR Part 262, Subpart H or this article, the owner
<br />or operator of facility shall provide a copy of the tracking document bear-
<br />ing all required signatures to the notifier, to the Office of Enforcement
<br />and Compliance Assurance, Office of Compliance, Enforcement Plan-
<br />ning, Targeting and Data Division (2222A), Environmental Protection
<br />Agency, 401 M Street SW, Washington, DC 20460, and to competent au-
<br />thorities of all other concerned countries. The original copy of the track-
<br />ing document shall be maintained at the facility for at least three years
<br />from the date of signature.
<br />(e) Whenever hazardous waste is received by a facility from a trans-
<br />porter in a vehicle or bulk container that will be removed from the facility
<br />after emptying, the transporter shall determine by inspection whether the
<br />vehicle or bulk container is empty pursuant to section 66261.7 prior to
<br />the removal of the vehicle or bulk container from the facility.
<br />(f) If a vehicle or bulk container cannot be rendered empty pursuant
<br />to section 66261.7 by equipment and methods available at the facility, the
<br />transporter shall follow the procedure in subsection (b) of section
<br />66263.21.
<br />(g) The provisions of section 66262.34 are applicable to the on-site ac-
<br />cumulation of hazardous wastes by generators. Therefore, the provisions
<br />of section 66262.34 only apply to owners or operators who are shipping
<br />hazardous waste which they generated at that facility.
<br />NOTE: Authority cited: Sections 25150, 25159, 25159.5 and 58012, Health and
<br />Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety
<br />Code; and 40 CFR Section 265.71.
<br />HISTORY
<br />1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
<br />Page 758.54 (z) (3) Register 2003, No. 28; 7-11-2003
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