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(i) for generators who transfer, treat, store, or dispose azardous
<br />aste on-site, a description of the changes in volume and toxicity of
<br />aste actually achieved during the year in comparison to previous years
<br />the extent such information is available for the years prior to 1984;
<br />6) the certification signed by the owner or operator of the facility or
<br />e facility's authorized representative;
<br />(lc) the environmental monitoring data specified in section 66264.73;
<br />(1) the owner or operator shall certify the following in writing for waste
<br />-,ipped offsite after January 1, 1990. The certification shall be attached
<br />the Annual Report and include the following:
<br />(1) whether the hazardous waste shipped offsite has a heating value of
<br />,000 British Thermal Units per pound of waste or less, and a volatile or-
<br />anic compound (VOC) content of one percent or less by weight; and
<br />(2) if the waste had a heating value or VOC content greater than that
<br />pecified in subsection (0(1), than
<br />(A) the waste was incinerated or treated by any method that has been
<br />uthorized by the Department as part of a hazardous waste facility permit
<br />ssued pursuant to Health and Safety Code section 25200; or
<br />(B) the waste is exempted from the requirements of chapter 18, article
<br />l?; or
<br />(C) the waste was recycled; or
<br />(D) the waste was shipped out of California for incineration, treatment,
<br />lisposal or recycling.
<br />NOM Authority cited: Sections 208.25150 and 25159, Health and Safety Code.
<br />Reference: Sections 25155.5, 25159, 25159.5 and 25202.9, Health and Safety
<br />Code; 40 CFR Section 264.75.
<br />HlsroRY
<br />1. New section filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
<br />§ 66264.76. Unmanifested Waste Report.
<br />If a facility accepts for transfer, treatment, storage, or disposal any haz-
<br />ardous waste from an off—site source without an accompanying manifest -
<br />or without an accompanying shipping paper as described in section
<br />66263.20(e)(2) of this division, and if the waste is not excluded from the
<br />manifest requirement of this chapter, then the owner or operator shall pre-
<br />pare and submit a single copy of a report to the Department within fifteen
<br />days after receiving the waste. The unmanifested waste report shall be
<br />submitted in the form of a letter to the Department. Such report shall be
<br />designated'Unmanifested Waste Report' and include the following in-
<br />formation:
<br />(a) the Identification Number. name, and address of the facility;
<br />(b) the date the facility received the waste;
<br />(c) the Identification Number, name, and address of the generator and
<br />the transporter, if available;
<br />(d) a description and the quantity of each unmanifested hazardous
<br />waste the facility received;
<br />(e) the method of transfer, treatment, storage, or disposal for each haz-
<br />ardous waste;
<br />(f) the certification signed by the owner or operator of the facility or
<br />the facility's authorized representative; and
<br />(g) a brief explanation of why the waste was unmanifested, ifknown.
<br />NOTE: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code.
<br />Reference: Sectioas 25159 and 25159.5, Health and Safety Code; 40 CFR Section
<br />264.76.
<br />Hr5'n7RY
<br />1. New section riled 5-24-91; effective 7-1-91 (Register 91, No. 22).
<br />Hisro
<br />1. New section filed 5-24-91; effective 7-W-1 (Register 9l, No. 22).
<br />Article 6. Water Quality Monitoring and
<br />Response Programs for Permitted Facilities
<br />§ 66264.90. Applicability.
<br />(a) The regulations in this article aoply to owners or operators of per-
<br />mitted hazardous waste facilities. A surface impoundment, waste pile,
<br />land treatment unit or landfill that receives or has received hazardous
<br />waste after July 26, 1982 shall comply with the requirements of this ar-
<br />ticle for purposes of detecting, characterizing, and responding to releases
<br />to groundwater, surface water or the unsaturated zone. The Department
<br />shall require an owner or operator of a surface impoundment, waste pile,
<br />land treatment unit or landfill that ceased receiving hazardous waste by
<br />July 26,1982 to comply with the requirements of this article if the Depart-
<br />ment determines that constituents in or derived from waste placed in the
<br />surface impoundment, waste pile, land treatment unit or landfill may
<br />pose a threat to human health or the environment. A surface impound-
<br />ment, waste pile, land treatment unit or landfill required to comply with
<br />the provisions of this article is hereinafter referred to as a "regulated
<br />unit."
<br />(b) The facility permit shall contain assurances of financial responsi-
<br />bility forcompleting corrective action forallreleases from any regulated
<br />unit at the facility.
<br />(c) The regulations under this article apply during the active life of the
<br />regulated unit (including the closure period). After closure of the regu-
<br />lated unit, the regulations in this article apply during the postclosure care
<br />period under section 66264.117 of article 7 of this chapter and during any
<br />compliance period under section 66264.96 unless:
<br />(1) the regulated unit has been in compliance with the water quality
<br />protection standard for a period of three consecutive ,years; and
<br />(2) all waste, wasto residues, contaminated containment system com-
<br />ponents, contaminatedsubsoils and all othercontaminatcd geologic ma-
<br />terials are removed or decontaminated at closure.
<br />(d) Regulations in this article apply to miscellaneous units when neces-
<br />sary to comply with sections 66264.601 through 66264.603 of article 16
<br />of this chapter.
<br />(e) For all regulated units which are operating, have operated or have
<br />received all permits necessary forconstruction or operation on or before
<br />July 1,1991, the owncror operator shall prepare an application for a per-
<br />mit modification pursuant to chapter 21 of this division to establish moni-
<br />toring programs thatcomply with the provisions of this article and submit
<br />LES application to the Department within 180 days of July 1, 1991. The
<br />owner or operator of such regulated units shall begin any necessary can-
<br />strucdon within 30 days of receiving approval from the Department and
<br />shall implement the approved monitoring programs according to a sched-
<br />ule of compliance established by the Department.
<br />Nora Authority cited: Sections 208.25150 and 25159. Health and Safety Code.
<br />Reference: Sections 25150, 25159 and 25159.5. Health and Safety Code; 40 CFR
<br />Section 264.90.
<br />HLSLORY
<br />1. New section filed 5-24-91; effective 7-1-91 (Register 91, No. 22)•
<br />§ 66264.77. Additional Reports.
<br />In addition to submitting the annual reports and unmarrifested waste
<br />reports desc: ibc4 in sections 66264.75 and 66264.76, the owner or ooera-
<br />tor shall also report to the Department:
<br />(a) releases, fires, and explosions as specified in section 66264.56(1);
<br />(b) facility closures specified in section 66264.115; and
<br />(c) as otherwise required by chapter 14 articles 6 and 11 through 14 of
<br />this division.
<br />Nam. Authority cited: Sections 208, 25150 and 25159, Health and Safety Code.
<br />Reference: Sections 25159 and 25159.5, Heaith and Safety Code; 40 CFR Section
<br />:5.1.77.
<br />§ 66264.91. Required Programs.
<br />(a) An owner or operator subject to this article shall conduct a monitor-
<br />ing and response program for each regulated unit at the facility as fol-
<br />lows:
<br />(1) the owner or operator shall institute a detection monitoring pro-
<br />gram under section 66264.98 except as required under subsections (a)(2),
<br />(a)(3) and (a)(4) of this section;
<br />(2) the owner or ooerator shall institute an evaluation monitoring pro-
<br />gram under section 66264.99 whenever there is statisdcally significant
<br />evidence of a release, pursuant to section 66264.98(g) or (i), from the reg-
<br />ulated unit during a detection monitorng pmgrr.-m;
<br />(3) the owner or operator shall institute an evaluation monitoring pro-
<br />gram under section 66264.99 whenever there is significant physical evi-
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