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More Authority cited: Sections 208, 25150 and 25159, Hea#4C
<br />Safety Code.
<br />Reference: Sections 25159 and 25 159.5, Health and Safety Cl CFR Section
<br />26.1.13.
<br />HISTORY
<br />1. New section filed 5-24-91; effective 7-1-91 (Register 91, No. 22)
<br />§ 66264.14. Security.
<br />(a)The owner oroperator shall prevent the unknowing entry, and mini-
<br />mize the possibility for the unauthorized entry, of persons or livestock
<br />onto the active portion of the facility, unless the owner or operator can
<br />demonstrate to the Department as required in section 66270.14(b)(4) of
<br />chanter 20 that:
<br />(1) physical contact with the waste, structures, or equipment within the
<br />active portion of the facility will not injure unknowing or unauthorized
<br />persons or livestock which may enter the active portion of a facility; and
<br />(2) disturbance of the waste or equipment, by the unknowing or unau-
<br />thorized entry of persons or livestock onto the active portion of a facility,
<br />will not cause a violation of the requirements of this chapter.
<br />(b) Unless the owneroroperator has made asuccessful demonstration
<br />under subsections (a)(1) and (2) of this section, a facility shall have:
<br />(1) a 24-hour surveillance system (e.g., television monitoring or sur-
<br />veillance by guards or facility personnel) which continuously monitors
<br />and controls entry onto the active portion of the facility; or
<br />(2)(A) an artificial or natural barrier (e.g., a fence in good repair or a
<br />fence combined with acliff), which completely surrounds the active por-
<br />tion of the facility; and
<br />(B) a means to control entry, at all times, through the gates or other en-
<br />trances to the active portion of the facility (e.g., an attendant, television
<br />monitors, locked entrance, or controlled roadway access to the facility);
<br />(3) the requirements of subsection (.b) of this section shall be satisfied
<br />if the facility or plant within which the active portion is located itself has
<br />a surveillance system, or a barrier and a means to control entry, which
<br />complies with the requirements of subsection (b)(1) or (2) of this section.
<br />(c) Unless the owner or operator has made a successful demonstration
<br />under subsections (a)(1) and (2) of this section, a sign with the legend,
<br />"Danger Hazardous Waste Ara—Unauthorized Personnel Keep Out."
<br />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
<br />active portion. The legend shall be written in English, Spanish and in any
<br />other language predominant in the area surrounding the facility, and shall
<br />be legible from a distance of at least 25 feet. Existing signs with a legend
<br />other than "Danger Hazardous Waste Area—Unauthorized Personnel
<br />Keen Out" may be used if the legend on the sign indicates that only autho-
<br />rized personnel are allowed to enter the active portion, and that entry onto
<br />the active portion can be dangerous.
<br />a IoTa Authority cited: Sections 208, 25150 and 25159, Health and Safety Code.
<br />Reference: Sections 25159 and 25159.5, Health and Safery Code; 40 CFR Section
<br />264.14.
<br />HISTORY
<br />1. New section tiled 5-24-91; effective 7-1-91 (Register 91, No. 22).
<br />§ 66264.15. General inspection Requirements.
<br />(a) The owner or operator shall inspect the facility for malfunctions
<br />and deterioration, operator errors, and discharges which may be causing
<br />or may lead to: (1) release of hazardous waste constituents to the environ-
<br />ment or (2) a threat to human health. The owner oroperatorshall conduct
<br />these inspections often enough to identify problems in time to correct
<br />them before they harm human health or the environment.
<br />(b)(1) The owner or oocrator shall develoo and follow a written sched-
<br />ule for inspecting monitoring equipment, safety and emergency equip-
<br />ment, security devices, and operating and structural equipment (such as
<br />dikes and sump pumps) that are important to preventing, detecting, orre-
<br />spending to environmental or human health hazards.
<br />(_) The owner or operator shall keep this schedule at the facility.
<br />3) The schedule shall identify the types of problems (e.g., malfunc-
<br />tions or deterioration) which are to be looked for during the inspection
<br />inoperauve sumo pump, leaking fitting, eroding dike, etc.).
<br />(4) The frequency of inspection vary forthe items on the schedule.
<br />However, it should be based on the rate of possible deterioration of the
<br />equipment and the probability of an environmental or human health inci-
<br />dent if the deterioration or malfunction or any operator error goes unde-
<br />tected between inspections. Areas subject to spills, such as loading and
<br />unloading areas, shall be inspected daily when in use. At a minimum, the
<br />inspection schedule shall include the terms and frequencies called for in
<br />sections 66264.174, 66264.194, 66264.226, 66264.253, 66264.254,
<br />66264.303, 66264.347, and 66264.602, where applicable.
<br />(5) in accordance with chapter 20 of this division, the inspection
<br />schedule shall be submitted with Part B of the permit application. The De-
<br />partment will evaluate the schedule along with the rest of the application
<br />to ensure that it adequately protects human health and the environment.
<br />As part of this review, the Department may modify oramend the schedule
<br />as may be necessary.
<br />(c) The owner or operator shall remedy any deterioration or malfunc-
<br />tion of equipment orstructures which the inspection reveals on a schedule
<br />which ensures that the problem does not lead to an environmental or hu-
<br />man health hazard. Where a hazard is imminent or has already occurred,
<br />remedial action shall be taken immediately.
<br />(d) The owner or operator shall record inspections in an inspection log
<br />or summary. The owner or operator shalt keep these records for at least
<br />three years from the date of inspection. At aminimum, these records shall
<br />include the date and time of the inspection, the name of the inspector, a
<br />notation of the observations made, and the" date and nature of any repairs
<br />or other remedial actions.
<br />Noce Authority cited: Sections 208,25 150 and 25159, Health and Safety Code.
<br />Reference: Sections 25159 and 25159.5 , Health and S afety Code; 40 CFR Section
<br />264.15.
<br />HLStoRY
<br />1. New section filed 5-24-91; effective 7-1-91 (Register 91, No. ??).
<br />§ 66264.16. Personnel Training.
<br />(a)(1) Facility personnel shall successfully complete a program of
<br />classroom instructiori ,or on -the job training that teaches them to per-
<br />form their duties in a way that ensures the facility's compliance with the
<br />requirements of this chapter. The owneroroperator shall ensure that this
<br />program includes all the elements described in the document required un-
<br />der subsection (d)(3) of this section.
<br />(2) This program shall be directed by a person trained in hazardous
<br />waste management procedures, and shall include instruction which
<br />teaches facility personnel hazardous waste management procedures (in-
<br />cluding contingency plan implementation) relevant to the positions in
<br />which they are employed.
<br />(3) At a minimum, the training program shall be designed to ensure
<br />that facility personnel are able to respond effectively to emergencies by
<br />familiarizing them with emergency procedures, emergency equipment,
<br />and emergency systems, including, where applicable:
<br />(A) procedures for using, inspecting. repairing, and replacing facility
<br />emergency and monitoring equipment;
<br />(B) key parameters for automatic waste feed cut-off systems:
<br />(C) communications or alarm systems;
<br />(D) response to fines or explosions;
<br />(E) response to groundwater contamination incidents; and
<br />(F) shutdown of ooerations.
<br />(b) Facility personnel shall successfully complete the program re-
<br />quired in subsection (a) of this section within six months after the date
<br />of their employment or assignment to a facility, or to a new position at
<br />a facility. Employees hired after the efxecdve date of these regulations
<br />shall not work in unsupervised positions until they have completed the
<br />training requirements of subsection (a) of this section.
<br />(c) Facility personnel shall take part in an annual review of the initial
<br />training required in subsection (a) of chis section.
<br />(d) The owner or operator shall maintain the following documents and
<br />retards at the facility:
<br />(1) the job title for each position at the facility related to hazardous
<br />waste management, and the name of the emoioyee filing each job;
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