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Title 22
<br />Env' ental Health Standards—Hazardous Nya
<br />of this oermit to the extent and for the duration such noncompliance is au-
<br />thorized in an emergency permit. (See section 66270.61). Any permit
<br />noncompliance, except under the terms of an emergency permit, consti-
<br />tutcs a violation of the appropriate statute orregulation and is grounds for
<br />enforcement action; for permit termination, revocation and reissuancc,
<br />or modification; or for denial of a permit renewal application.
<br />(b) Duty to reapply. If the permittee wishes to continue an activity reg-
<br />ulated by this permit after the expiration date of this permit, the permittee
<br />shall apply for and obtain a new permit.
<br />(c) Need to halt orreduce activity not a defense. It shall not be a defense
<br />for a permittee in an enforcement action that it would have been neces-
<br />sary to halt or reduce the permitted activity in order to maintain com-
<br />pliance with the conditions of this permit.
<br />(d) In the event of noncompliance with the permit, the permittee shall
<br />take all reasonable steps to minimize or correct releases to the environ-
<br />ment, and shall carry out all measures as are reasonable to prevent and
<br />correct adverse impacts on human health or the environment.
<br />(e) Proper operation and maintenance. The permittee shall at all times
<br />properly operate and maintain all facilities and systems of treatment and
<br />control (and related appurtenances) which are installed or used by the
<br />permittee to achieve compliance with the conditions of this permit. Prop-
<br />er operation and maintenance includes effective performance, adequate
<br />funding, adequate operator staffing and training, and adequate laboratory
<br />and process controls, including appropriate quality assurance proce-
<br />dures. This provision requires the operation of back–up or auxiliary faci-
<br />lities orsimilarsystems only when necessary to achieve compliance with
<br />the conditions of the permit.
<br />(f) Permit actions. This permit may be modified, revoked and reissued,
<br />or terminated for cause. The filing of a request by the permittee for a per-
<br />mitmodification, revocation and reissuancc, or termination, or a notifica-
<br />tion of planned changes or anticipated noncompliance, does not stay any
<br />permit condition.
<br />(g) Property rights. The permit does not convey any property rights of
<br />any sort, or any exclusive privilege.
<br />(h) Duty to provide information. The permittee shall furnish to the De-
<br />partment, within a reasonable time, not to exceed 30 days unless a time
<br />extension is approved by the Department, any relevant information
<br />which the Department may request to determine whethercause exists for
<br />modifying, revoking and reissuing, or terminating this permit, or to deter-
<br />mine compliance with this permit. The permittee shall also furnish to the
<br />Department, upon request, copies of records required to be kept by this
<br />permit.
<br />(i) Inspection and entry. The permittee shall allow an authorized repre-
<br />sentative of the Department, the State Water Resources Control Board or
<br />a Regional Water Quality Control Board, upon the presentation of cre-
<br />dcntials and other documents as may be required by law to:
<br />(1) enter at reasonable times upon the permittee's premises where a
<br />regulated facility or activity is located or conducted, or where records
<br />must be kept under the conditions of this permit;
<br />(2) have access to and copy, at reasonable times, any records that must
<br />be kept under the conditions of this permit;
<br />(3) inspect at reasonable times any facilities, equipment (including
<br />monitoring and control equipment), practices, or operations regulated or
<br />required under this pc;mit, and
<br />(4) sample or monitor at reasonable times, for the purposes of assuring
<br />permit compliance or as otherwise authorized by law, any substances or
<br />parametrrs at any location.
<br />(J) Monitoring and records.
<br />(1) Samples and measurements taken for the purpose of monitoring
<br />shall be representative of the monitored activity.
<br />(2) The permittee shall retain records of all monitoring information.
<br />including all calibration and maintenance records and all original strip
<br />chart recordings foreontinuous monitoring instrumentation, copies of all
<br />reports required by this permit, the certification required by section
<br />66264.73(b)(9) of this division, and records of all data used to complete
<br />§ 66270-30
<br />the application for this permit, for a period of at least three years from the
<br />date of the sample, measurement, report, certification, or application.
<br />This period may be extended by request of the Department at any time.
<br />The permittee shall maintain records from all groundwater monitoring
<br />wells and associated ground water surface elevations, for the active life
<br />of the facility, and for disposal facilities for the post–closure care period
<br />as well.
<br />(3) Records for monitoring information shall include:
<br />(A) the date, exact place, and time of sampling or measurements;
<br />(B) the name(s) of the individual(s) who performed the sampling or
<br />measurements;
<br />(C) the date(s) analyses were performed;
<br />(D) the name(s) of the individual(s) who performed the analyses;
<br />(E) the analytical techniques or methods used; and
<br />(F) the results of such analyses.
<br />(k) Signatory requirements. All applications, reports, or information
<br />submitted to the Department shall be signed and certified. (See section
<br />66270.11.)
<br />(0 Reporting requirements. (1) Planned changes. The permittee shall
<br />give notice to the Department as soon as possible and at least 30 days in
<br />advance of any planned physical alterations or additions to the permitted
<br />facility. '
<br />(2) Anticipated noncompliance. The permittee shall give advance no-
<br />tice to the Department of any planned changes in the permitted facility
<br />or activity which may result in noncompliance with permit requirements.
<br />For a new facility, the permittee shall not transfer, treat, store, or dispose
<br />of hazardous waste: and for a facility being modified, the permittee shall
<br />not transfer, treat, store, or dispose of hazardous waste in the modified
<br />portion of the facility except as provided in section 66270.42, until:
<br />(A) the permittee has submitted to the Department by certified mail or
<br />hand delivery a letter signed by the perminee and a professional engineer,
<br />registered in California, stating that the facility has been constructed or
<br />modified in compliance with 6-ic permit; and
<br />(B)1. the Department has inspected the modified or newly constructed
<br />facility and finds it is in compliance with the conditions of the permit, or
<br />2. if within 15 days of the date of submission of the letter in subsection
<br />(1)(2)(A) of this section, the permittee has not received notice from the
<br />Department of the Department's intent to inspect, prior inspection is
<br />waived and the permittee may commence transfer, treatment, storage, or
<br />disposal of hazardous waste.
<br />(3) Transfers. This permit is not transferable to any person except after
<br />notice to the Department. The Department may require modification or
<br />revocation and reissuance of the permit to change the name of the permit-
<br />tee and incorporate such other requirements as may be necessary. (See
<br />section 66270.40.)
<br />(4) Monitoring reports. Monitoring results shall be reported at the in-
<br />tervals specified elsewhere in this permit.
<br />(5) Compliance schedules. Retorts of compliance or noncompliance
<br />with, or any progress reports o n, interim and furalrequirements contained
<br />in any compliance schedule of this permieshail be submitted no later than
<br />14 days following each schedule date.
<br />(6) Twenty–four hour reporting.
<br />(A) The permittee shall report any noncompliance which may endan-
<br />ger health or the environment orally within 24 hours from the rime the
<br />permittee becomes aware of the circumstances, including:
<br />1. information contending release of any hazardous waste that may
<br />cause an endangerment to public drinking water supplies;
<br />2. any information of a release or discharge of hazardous waste or of
<br />a firs or explosion from the hazardous waste facility, which could threat-
<br />en the environment or human health outside the facility.
<br />(B) The description of the occurrence and its cause shall include:
<br />1. name, address, and telephone number of the owner or operator,
<br />. name, address, and relechone number of the facility:
<br />3. date, time, and type of incident:
<br />1. name and quantity of mate;iai(s) involved:
<br />Page 758.:53
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