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67450.3 : r. CALIFORNIA CODE OF REGULATIOM
<br />(H) A copy of documents related to the environmental investigation
<br />and any cleanup, abatement or other necessary remedial action taken pur
<br />suant to section 67450.7;
<br />(I) Documentation of any convictions, judgments, settlements, or or
<br />ders resulting from any action by any local, State, or federal environmen-
<br />tal or public health enforcement agency concerning the operation of the
<br />facility within the last three years, as the documents would be available
<br />under the California Public Records Act (Chapter 3.5 (commencing with
<br />'Section 6250) of Part 1 of Division 7 of Title 1 of the Government Code)
<br />and the Information Practices Act of 1977 (Chapter 1(commencing with
<br />Section 1798) of Title 1.8 of Part 4 of the Civil Code);
<br />(9) Maintain compliance with sections 66264.175, 66265.148,
<br />67450.7, 67450.13, and 66265.404 and with the following regulations in
<br />chapter 15 of this division, including those referring to permit applica-
<br />tions:
<br />(A) Article 2. General Facility Standards;
<br />(B) Article 3. Preparedness and Prevention;
<br />(C) Article 4. Contingency Plan and Emergency Procedures;
<br />(D) Article 5. Manifest System, Recordkeeping and Reporting (except
<br />sections 66265.73(b)(2), 66265.73(b)(6), 66265.73(b)(7),
<br />66265.73(b)(15) and 66265.75);
<br />(E) Article 9. Use and Management of Containers;
<br />(F) Article 10. Tank Systems (except that the contingent plan for post—
<br />closure required by section 66265.197(c)(2) shall be maintained with the
<br />closure plan required by subsection (b)(12)(B) of this section);
<br />(G) Article 16. Thermal Treatment;
<br />(H) Article 17. Chemical, Physical, and Biological Treatment.
<br />(10) Prepare and submit an annual report to CUPA or authorized
<br />agency when requested by CUPA or authorized agency. The annual re-
<br />port shall be delivered in person or by certified mail with return receipt
<br />requested to CUPA or authorized agency when requested in writing by
<br />CUPA or authorized agency. The request from CUPA or authorized
<br />agency shall specify where and how to submit the annual report and the
<br />date by which the annual report shall be submitted. The report shall be
<br />dated, and signed according to the requirements of section 66270.11 as
<br />those requirements apply to permit applications, and shall include the fol-
<br />lowing information for each FTU which performed treatment during the
<br />calendar year preceding CUPA or authorized agency's request:
<br />(A) The serial number(s) of the FTU(s) involved in treatment;
<br />(B) The physical and mailing address of the business entity which
<br />owns or operates the FTU(s);
<br />(C) The name, title and telephone number of each FTU contact person;
<br />(D) The name and address or legal description of the facility;
<br />(E) The facility identification number,
<br />(F) The number of days each FTU was operated;
<br />(G) The quantity of hazardous waste(s) treated by each FTU;
<br />(H) The composition and hazardous characteristics of the influent haz-
<br />ardous waste(s);
<br />(I) The treatment method(s) used for each hazardous waste treated by
<br />each FTU;
<br />(J) The quantity, composition and hazardous characteristic(s) of any
<br />treatment effluent or residual discharged from each FTU to a POTW, if
<br />applicable; and
<br />(K) The quantity, composition, hazardous characteristic(s) and dispo-
<br />sition of any FTU treatment effluent or residual that was not discharged
<br />to a POTW, if applicable.
<br />(11 aintain compliance with the following requirements regarding
<br />;manner
<br />ctions 66264.178, 66265.111(a) and 66265.111(b), in the same
<br />s those sections apply to facilities and section 66265.114;
<br />aFTU owner or operator shall have a written closure plan. The
<br />lan shall include:
<br />1. A description of how and when each FTU will be closed. The de-
<br />scription shall identify the maximum extent of the operation during the
<br />life of the FTU(s), and how the applicable requirements of sections
<br />66264.17 ,''%6265.114;-66265.197(x), 66265.197(b), (c)(1) and (c)(2)
<br />and 66265.404 will be met; .
<br />Page 758.338 (b) (2)
<br />2. An estimate of the maximum inventory of waste in storage and in
<br />treatment at any time during the operation of the FTU(s) at the facility;
<br />3. A description of the steps needed to decontaminate the treatment
<br />equipment during closure; and
<br />4. An estimate of the expected year of closure and a schedule for final
<br />closure. The schedule for final closure shall include, at a minimum, the
<br />total time required to close each FTU.
<br />(C) The FTU owner or operator shall maintain the closure plan in com-
<br />pliance with section 66265.112(c);
<br />(D) Within ninety (90) days after treating the final volume of hazard-
<br />ous waste, the FTU owner or operator shall treat, remove from the facil-
<br />ity, or dispose of on—site, all hazardous waste in accordance with the clo-
<br />sure plan and the applicable requirements of this chapter unless the owner
<br />or operator demonstrates to CUPA or authorized agency that the activi-
<br />ties required to complete the closure will require longer than ninety (90)
<br />days, or the FTU has the capacity to treat additional wastes, or there is a
<br />reasonable likelihood that a person other than the owner or operator will
<br />recommence operation of the FTU(s), and closure of the FTU(s) would
<br />be incompatible with the operation of the facility, and the owner of opera-
<br />tor has taken and will continue to take all steps necessary to prevent
<br />threats to human health and the environment;
<br />(E) The FTU owner or operator shall complete closure activities in ac-
<br />cordance with the closure plan within 180 days after treating the final vol-
<br />ume of hazardous waste unless the owner or operator demonstrates to
<br />CUPA or authorized agency that the activities required to complete the
<br />closure will require longer than 180 days to complete, or the FTU has the
<br />capacity to treat additional wastes, or there is a reasonable likelihood that
<br />a person other than the owner or operator will recommence operation of
<br />the FTU(s), and closure of the FTU(s) would be incompatible with the
<br />operation of the facility, and the owner or operator has taken and will con-
<br />tinue to take all steps necessary to prevent threats to human health and
<br />the environment;
<br />(F) The FTU owner or operator shall notify the CUPA or authorized
<br />agency and any other agencies having jurisdiction over the closure proj-
<br />ect at least fifteen (15) days prior to completion of closure; and
<br />(G) The FTU owner or operator shall remain in compliance with all
<br />applicable requirements of this section until the owner or operator sub-
<br />mits to CUPA or authorized agency a certification signed by the owner
<br />or operator and by an independent, professional engineer registered in
<br />California, that closure has been completed in accordance with the clo-
<br />sure plan and that the closure plan meets or exceeds the applicable re-
<br />quirements of this chapter.
<br />(12) If treatment will be conducted in containers, the containment re-
<br />quirements of sections 66264.175 applicable to transfer and storage areas
<br />shall be complied with for areas where treatment occurs.
<br />(d) CUPA or authorized agency, within forty—five (45) calendar days
<br />of receipt of an annual or amended notification submitted pursuant to
<br />subsection (c)(1) or (c)(2) of this section, shall acknowledge in writing
<br />receipt of the notification. CUPA or authorized agency shall, in conjunc-
<br />tion with the acknowledgement, reauthorize operation of the FTU sub-
<br />ject to the requirements of this section and sections 67450.7 and
<br />67450.9(b) and (c), terminate or deny reauthorization to operate under
<br />permit by rule pursuant to section 67450.9(a) or notify the owner or oper-
<br />ator that the notification is incomplete or inaccurate. If the notification
<br />is incomplete or inaccurate, CUPA or authorized agency shall specify
<br />what additional information or correction is needed. CUPA or authorized
<br />agency shall reauthorize or deny reauthorization to operate as specified
<br />in this subsection within forty—five (45) calendar days of receipt of the
<br />requested information or corrected notifications. CUPA or authorized
<br />agency shall reject the notification of any owner or operator who fails to
<br />provide the information or correction requested within ten (10) days of
<br />receipt of the acknowledgement. Upon good cause shown by the owner
<br />or operator, CUPA or authorized agency shall grant the owner or operator
<br />additional time to provide the information or correction requested. An
<br />owner or operator whose notification is rejected may submit a new notifi-
<br />cation.
<br />NOTE: Authority cited: Sections 25150, 58004 and 58012, Health and Safety
<br />Code. Reference: Sections 25112.5, 25150, 25185.6, 25186, 25200, 25200.2,
<br />25202.9, 25205.1 and 25245.4, Health and Safety Code.
<br />Register 2002, No. 5; 2—i-2002
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