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(e) During an emergency, the emergency coordinato take all rea-
<br />sonable measures necessary to ensure that fires, explosions, and releases
<br />do not occur, recur, or spread to other hazardous waste at the facility.
<br />These measures shall include, where applicable, stopping processes and
<br />operations, collecting and containing release waste, and removing or iso-
<br />lating containers.
<br />(f) If the facility stops operations in response to a fire, explosion, or re-
<br />lease, the emergency coordinator shall monitor for Ieaks. pressure build-
<br />up, gas generation, orruptures in valves, pipes, or other equipment, wher-
<br />ever this is appropriate.
<br />(9) 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 />;case, 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 14
<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 Iocal 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 />(j) 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 reporton 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 (c.a., 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 />sulted from the incident.
<br />Noir Authority cited: Sections 208, 25I 50 and 25159, Health and Safety Code.
<br />Reference: Sections 25159 and 25159.5,: eaith and Safety Code; 40 CFR Section
<br />264.56.
<br />HISTORY
<br />New section filed 5-24--91; effective 7-1-91 (Register 91, No. 22).
<br />Article 5. Manifest System, Recordkeeping,
<br />and Reporting
<br />§ 66264.70. Appilcability.
<br />The regulations in this article apply to owners and operators of both
<br />on—site and off—site facilities, except as section 66264.1 provides other-
<br />wise. Sections 66264.71.66264.72, and 66264.76 do not apply to owners
<br />and oocr arors of on—sire facilities that do notreceive any hazardous waste
<br />from off—site sources.
<br />.Nora• Authoriry cited: Sections 208.25150 and 25159. Health and Safety Code.
<br />Reference: Sections 25159 and 25159 S, Health and Safety Code: 40 CFR Section
<br />264.70.
<br />HISroRY
<br />1. New section riled 5-24-91; effecuve 7-1-91 (Register 91. No. 2-1).
<br />§ 66264.71. Use of Manifestem,
<br />(a) If a facility receives hazardou aste 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
<br />section 66264.72(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 afacility receives, from arail orwatcr (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 ?aper was received;
<br />(2) note any significant discrepancies (as defined in section
<br />66264.72(a)) in the manifest or shipptng-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 (it 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 />year; 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 />Notes Authority cited: Sections 208.25150 and 25159. Health and Safety Code.
<br />Reference: Sections 25159 and 2'.159.5, Heaith and Safety Code; 40 C: R Section
<br />264.71.
<br />HISTORY
<br />1. New section filed 5-24-91; effective 7-1-91 (Register 91, No.'?).
<br />§ 66264.72. Manifest Discrepancies.
<br />(a) Manifest discrepancies are differences between the quantity ortype
<br />of hazardous waste designated on die manifest or shipping paper, and the
<br />quantity or type of hazardous waste a facility actually receives. Signifi-
<br />cant discrepancies in quantity are:
<br />(1) for bulk waste. variations greater than 10 percent in weight; and
<br />(2) for batch waste, any variation in piece count. such as a discepancv
<br />of one drum in a truckload.
<br />Significant discreoancies in type are obvious differences which can be
<br />discovered by inspection or waste analysis, such as waste solvent substi-
<br />tuted for waste acid, or toxic constituents not reported on the manifest or
<br />shipping paper.
<br />(b) Upon discovering a significant discrepancy, the owner or operator
<br />shall attempt to reconcile the disc=pancy with the waste generator or
<br />transporter (e.g.. with telephone conversations). if the discrepancy is not
<br />resolved within 15 days after receiving cite waste, the owner or operator
<br />shall immediately submit to the Department a letter desc bing the dis-
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