Laserfiche WebLink
MFS Response to Hazardous Material Violations: <br />PR0543520-1325 EI Pinal-Compliance-8-3-21 OIR <br />Page 7 of 8 <br />401. CCR 67450.3(c)(9)(A) Failed to post signs and have adequate security. <br />OBSERVATION: The facility does not have security in compliance with this section. The facility <br />has a roll up door on the south side of the facility, which was open at the time of inspection, that <br />does not have a sign that states, "Danger Hazardous Waste Area -Unauthorized Personnel Keep <br />Out." <br />REGULATION GUIDANCE: Title 22 California Code of Regulations section 66265.14 - Security <br />(a) The owner or operator shall prevent the unknowing entry, and minimize the possibility <br />for the unauthorized entry, of persons or livestock onto the active portion of the facility, unless <br />the owner or operator can demonstrate to the Department that: <br />(1) physical contact with the waste, structures, or equipment within the active portion of the <br />facility will not injure unknowing or unauthorized persons or livestock which may enter the <br />active portion of a facility, and <br />(2) disturbance of the waste or equipment, by the unknowing or unauthorized entry of <br />persons or livestock onto the active portion of a facility, will not cause a violation of the <br />requirements of this chapter. <br />(b) Unless the owner or operator has made a successful demonstration under subsection <br />(a)(1) and (2) of this section, a facility shall have: <br />(1) a 24-hour surveillance system (e.g., television monitoring or surveillance by guards or <br />facility personnel) which continuously monitors and controls entry onto the active portion of the <br />facility; or <br />(2)(A) an artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff), <br />which completely surrounds the active portion of the facility; and <br />(B) a means to control entry, at all times, through the gates or other entrances to the active <br />portion of the facility (e.g., an attendant, television monitors, locked entrance, or controlled <br />roadway access to the facility). <br />(3) The requirements of subsection (b)(1) or (2) of this section shall be satisfied if the facility or <br />plant within which the active portion is located itself has a surveillance system, or a barrier and <br />a means to control entry, which complies with the requirements of subsection (b)(1) or (2) of <br />this section. <br />(c) Unless the owner or operator has made a successful demonstration under subsections (a)(1) <br />and (a)(2) of this section, a sign with the legend, "Danger Hazardous Waste Area -Unauthorized <br />Personnel Keep Out," shall be posted at each entrance to the active portion of a facility, and at <br />other locations, in sufficient numbers to be seen from any approach to this active portion. The <br />legend shall be written in English, Spanish and in any other language predominant in the area <br />surrounding the facility, and shall be legible from a distance of at least 25 feet. Existing signs <br />with a legend other than "Danger Hazardous Waste Area -Unauthorized Personnel Keep Out" <br />