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& 66270 31
<br />BARCLA:
<br />ALIFORNIA CODE OFREGULAT1ON't
<br />5. the extent of injuries, if any;
<br />6. an assessment of actual or potential hazards to the environment and
<br />human health outside the facility, where this is applicable; and
<br />7. estimated quantity and disposition of recovered material that re-
<br />sulted from the incident.
<br />(C) A written submission shall also be provided within five days of the
<br />time the permittee becomes aware of the circumstances.The written sub-
<br />mission shall contain a description of the noncompliance and its cause;
<br />the period of noncompliance including exact dates and times, and, if the
<br />noncompliance has not been corrected, the anticipated time it is expected
<br />to continue; and steps taken or planned to reduce, eliminate, and prevent
<br />reoccurrence of the noncompliance. The Department may waive the
<br />5 --day written notice requirement in favor of a written report within 15
<br />days.
<br />(7) Manifest discrepancy report. If a significant discrepancy in a mani-
<br />fest is discovered, the permittee shall attempt to reconcile the discrepan-
<br />cy. If not resolved within fifteen days, the permittee shall submit a letter
<br />report. including a copy of the manifest, to the Department. (See section
<br />66264.72.)
<br />(8) Unmanifested hazardous waste report. This report shall be sub-
<br />mitted to the Department within 15 days of receipt of unmanifested
<br />waste. (See section 66264.76.)
<br />(9) Annual report. An annual report shall be submitted to the Depart-
<br />ment covering facility activities during the previous calendar year. (See
<br />section 66264.75.)
<br />(10) Other noncompliance. The permittee shall report all instances of
<br />noncompliance not reported under subsections (1)(4), (5), and (6) of this
<br />section, at the time monitoring reports are submitted. The reports shall
<br />contain the information listed in subsection (1)(6) of this section.
<br />(11) Other information. Where the permittee becomes aware that it
<br />failed to submit any relevant facts in a permit application, or submitted
<br />incorrect information in a permit application of in any report to the De-
<br />partment, it shall promptly submit such facts or information.
<br />Nom- Authoriry cited: Sections 208, 25150 and 25159, Health and Safety Code.
<br />Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFIR Section
<br />270.30.
<br />HISTORY
<br />Y
<br />1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).
<br />§ 66270.31. Requirements for Recording and Reporting of
<br />Monitoring Results.
<br />All permits shall specify:
<br />(a) requirements concerning the proper use, maintenance, and installa-
<br />tion, when appropriate, of monitoring equipment or methods (including
<br />biological monitoring methods when appropriate);
<br />(b) reauired monitoring including type, intervals, and frequency suffi-
<br />cient to vield data which are representative of the monitored activity in-
<br />cluding, when appropriate, continuous monitoring;
<br />(c) applicable reporting requirements based upon the impact of the
<br />regulated activity and as specified in chaoters 14 and 16 of this division.
<br />Reporting shall be no less frequent than specified in the above regula-
<br />tions.
<br />Nors: Authority cited: Sections 208, 25150 and 25159. Health and Safety Code.
<br />Reference: Sections 25159 and 25I59.5, Heaithand Safety Code; 40 UR Section
<br />270.31.
<br />HisroRY
<br />New section filed 5-24-91; operative 7-1-91 (Register 91, No.
<br />§ 66270.32. Establishing Permit Conditions.
<br />(a) In addition to conditions required in all permits (section 66270.30).
<br />the Deoartment shall establish conditions, as required on a case-by--casc
<br />basis, in permits under section 66270.0 (duration of permits), section
<br />6627033(a) (schedules of compliance), section 66270.31 (monitoring).
<br />section 66270.33(b) (alternate schedules of compliance), and section
<br />6620.3 (considerations under Federal law).
<br />(b)(1) Each permit shall include permit conditions necessary to
<br />achieve compliance with the statutes and regulations, including each of
<br />Title 22
<br />the applicable requirements specified in chapters 14, 16, and 18 of this
<br />division. In satisfying this provision, the Department may incorporate
<br />applicable requirements of chapters 14,16 and 18 of this division directly
<br />into the permit orestablishothcr permiitconditions that are based on these
<br />chapters.
<br />(2) In addition to conditions required in all permits, tach permit issued
<br />shall contain terms and conditions as the Department determines neces-
<br />sary to protect human health and the environment.
<br />(c) An applicable requirement is a statutory or regulatory requirement
<br />which takes effect prior to final administrative disposition of a permit or
<br />prior to the modification or re vocation and reissuance of a permit, to the
<br />extent allowed in section 66270.4 1. Section 66271.13 (reopening of com-
<br />ment period) provides a means for reopening permit proceedings at the
<br />discretion of the Department where new mquirements become effective
<br />during the permitting process and are of cuff icient magnitude to make ad-
<br />ditional proceedings desirable.
<br />(d) New or reissued permits, and to the extent allowed under section
<br />66270.41, modified or revoked and reissued permits, shall incorporate
<br />each of the applicable requirements referenced in this section and in sec-
<br />tion 66270.31.
<br />(e) Incorporation. All permit conditions shall be incorporated either
<br />expressly orby reference. If incorporated.by reference, a specific citation
<br />to the applicable regulations or r emli ements shall be given in the permit.
<br />Noss: authority cited: Sections 1-08,25150 and 25159. Health and Safety Code.
<br />Reference: Sections 25159 and 25 l 59.5, Health and Safety Code; 40 CFR Section
<br />270.32.
<br />HLSrORY
<br />1. New section tiled 5-24-91; operative 7-1-91 (Register 91. No. 22).
<br />§ 66270.33. Schedules of Compliance.
<br />(a) The permit may, when appropriate, specify a schedule of com-
<br />pliance leading to compliance with the statutes and regulations.
<br />(1) Time for co¢rpliance. Any schedules of compliance under this sec-
<br />tion shall require compliance as soon as possible.
<br />(2) Interim dates. lixcept as provided in subsection (b)(1)(B) of this
<br />section, if a permit establishes a schedule of compliance which exceeds
<br />one year from the date of permit issuance, the schedule shall set forth in-
<br />terim requirements and the dates for their achievement.
<br />(A) The time between interim dates shall not exceed one year.
<br />(B) If the time necessary for completion of any interim requirement
<br />is more than one year and is not readily divisible into stages for comple-
<br />tion, the permit shall specify interim dates for the submission of reports
<br />of progress toward completion of the interim requirements and indicate
<br />a projected completion date.
<br />(3) Reporting. The permit shall be written to require that no later than
<br />14 days following each interim date and the final date of compliance, the
<br />permittee shall notify the Department in writing, of its compliance or
<br />noncompliance with the interim or :mal requirements.
<br />(b) Alternative schedules of compliance. A permit applicant or permit-
<br />tee may cease conducting regulated activities (by receiving a terminal
<br />volume of hazardous waste and, for transfer. treatment and storage haz-
<br />ardous waste management facilities, closing pursuant to applicable re-
<br />quirements; and, for disposal hazardous waste management facilities,
<br />closing and conducting post -closure care pursuant to applicable require-
<br />ments) lather than continue to operate and meat permit requirements as
<br />follows.
<br />(1) If the permittee decides to cease conducting regulated activities at
<br />a given time within the term of a permit which has already been issued:
<br />(A) the permitmay be modified to contain a new or additional schedule
<br />leading to timely cessation of activities or
<br />(B) the permittee shall cease conducting permitted activities before
<br />noncompliance with any interim or final compliance schedule rcquire-
<br />ment alreadv soccifred in the permit.
<br />(2) If the decision to cease conducting-guiaced activities is made be-
<br />fore issuance of a oerrait whose tcrm will irciude the termination date.
<br />:.he permit shall contain a schedule icading to termination which will en-
<br />sure timely comoiiance with applicable-qui-mcnts.
<br />Page 758.284 a.W.r91. —5-11-91
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