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§ 25200.14 HEALTH AND SAFETY CODE
<br />unit or hazardous waste management unit, in addition to any
<br />further action proposed by the facility owner or operator or the
<br />generator, or determines that a different schedule is necessary to
<br />prevent harm to human health and safety or to the environment,
<br />the department or the authorized unified program agency shall
<br />inform the facility owner or operator or the generator of that
<br />determination and shall set a reasonable time period in which to
<br />accomplish that further investigation.
<br />(2) In determining if a schedule is acceptable for investigation
<br />or remediation of any facility or generator subject to this section,
<br />the department may require more expeditious action if the
<br />department determines that hazardous constituents are mobile
<br />and are likely moving toward, or have entered, a source of
<br />drinking water, as defined by the State Water Resources Control
<br />Board, or determines that more expeditious action is otherwise
<br />necessary to protect human health or safety or the environment.
<br />To the extent that the department determines that the hazardous
<br />constituents are relatively immobile, or that more expeditious
<br />action is otherwise not necessary to protect public health or
<br />safety or the environment, the department may allow a longer
<br />schedule to allow the facility or generator to accumulate a
<br />remediation fund, or other financial assurance mechanism, prior
<br />to taking corrective action.
<br />(3) If a facility owner or operator or the generator is
<br />conducting further investigation to determine the nature or
<br />extent of a release pursuant to, and in compliance with , an order
<br />issued by a California regional water quality control board or
<br />other state or federal environmental enforcement agency, the
<br />department or the authorized unified program agency shall deem
<br />that investigation adequate for the purposes of determining the
<br />nature and extent of the release or releases that the order
<br />addressed, as the investigation pertains to the jurisdiction of the
<br />ordering agency.
<br />(f) The department shall develop a checklist to be used by
<br />facility owners or operators and generators in conducting a phase
<br />I environmental assessment. The development and publication
<br />of the checklist is not subject to Chapter 3.5 (commencing with
<br />Section 11340) of Part 1 of Division 3 of Title 2 of the
<br />Government Code. The department shall hold at least one
<br />public workshop concerning the development of the checklist.
<br />The checklist shall not exceed the phase I requirements adopted
<br />by the American Society for Testing and Materials (ASTM) for
<br />due diligence for commercial real estate transactions. The
<br />department shall deem compliance with those ASTM standards,
<br />or compliance with the checklist developed and published by the
<br />department, as meeting the phase I environmental assessment
<br />requirements of this section.
<br />(g) A facility, or to the extent required by the regulations
<br />adopted by the department, a transportable treatment unit,
<br />operating pursuant to a permit -by -rule shall additionally comply
<br />with the remaining corrective action requirements specified in
<br />Section 67450.7 of Title 22 of the California Code of Regula-
<br />tions, in effect on January 1, 1992.
<br />(h) A generator'operating pursuant to a grant of conditional
<br />authorization pursuant to Section 25200.3 shall additionally
<br />comply with paragraph (3) of subdivision (c) of Section 25200.3.
<br />(i) The department or the authorized unified program agency
<br />shall not require a phase I environmental assessment for those
<br />portions of a facility subject to a corrective action order issued
<br />pursuant to Section 25187, a cleanup and abatement order issued
<br />pursuant to Section 13304 of the Water Code, or a corrective
<br />action required under subsection (u) of Section 6924 of Title 42
<br />of the United States Code or subsection (h) of Section 6928 of
<br />Title 42 of the United States Code. (Added by Stats.1992, c.
<br />1345 (A.B.1772), § 13. Amended by Stats.1993, c. 411 (S.B.28),
<br />§ 7, eff. Sept. 21, 1993; Stats.1994, c. 1225 (A.B.2955), § 3;
<br />356 357
<br />Stats.1995, c. 638 (S.B.1222), § 17; Stats.1995, c. 639 (S.B.1191),
<br />§ 39.5; Stats.1996, c. 999 (A.B.2776), § 6.)
<br />Code of Regulations References
<br />Environmental health standards, k-12 schools hazardous waste collection,
<br />consolidation, and accumulation facilities deemed to have a permit by
<br />rule, requirements applicable to k-12 schools, see 22 Cal. Code of
<br />Regs. § 67450.44.
<br />I environmental assessment; evaluation
<br />(a) On or before July 1, 1997, the department shall complete
<br />an evaluation of the phase I environmental assessment require-
<br />ment specified by Section 25200.14, and identify any necessary
<br />and appropriate changes to that requirement.
<br />(b) In evaluating the phase I environmental assessment re-
<br />quirement, the department shall, at a.minimum, consider the
<br />following issues:
<br />(1) Whether the phase I -environmental assessment should
<br />continue to encompass the entire facility or be limited to a
<br />portion of the facility.
<br />(2) The extent to which, and under what conditions, the
<br />information contained in the facility's phase I environmental
<br />assessment should be maintained as confidential information not
<br />available for release to the public or to governmental agencies
<br />other than the department. (Added by i tats.1995, c. 625
<br />(A.B.483), § 2. Amended by Stats.2001, c. 745 (S.B.1191), § 130,
<br />eff. Oct. 12, 2001.)
<br />§ 25200.15. Facility structure or equipment change without
<br />permit modification; conditions; appeal of determination
<br />(a) The owner or operator of a facility which has a hazardous
<br />waste facilities permit issued pursuant to Section 25200 may
<br />change facility structures or equipment without modifying the
<br />facility's hazardous waste facilities permit, if either of the
<br />following apply:
<br />(1) The change to structures or equipment is not within a
<br />permitted unit.
<br />(2) The change to structures or equipment is within the
<br />boundary of a permitted unit, and the structures or equipment
<br />are certified by the owner or operator not to be actively related
<br />to the treatment, storage, or disposal of hazardous waste, or the
<br />secondary containment of those hazardous wastes, and the
<br />department, within 30 days from the date of receipt of notice
<br />from the owner or operator, does not determine that the change
<br />is so related or that the change may otherwise significantly
<br />increase risks to human health and safety or the environment
<br />related to the management of the hazardous wastes, or that the
<br />regulations adopted pursuant to the federal act require a permit
<br />modification for the change.
<br />(b) Any determination made pursuant to this section, includ-
<br />ing, but not limited to, any determination by the department
<br />regarding the classification of a permit modification, may be
<br />appealed by the owner or operator in the manner provided for
<br />appeal of a permit determination pursuant to the regulations
<br />adopted by the department. (Added by Stats.1995, c. 638
<br />(S,B.1222), § 18.)
<br />Code of Regulations References
<br />Permit program, permit modifications for non-RCRA activities, see 22
<br />Cal. Code of Regs. § 66270.42.5.
<br />§ 25200.16. Hazardous waste facilities permit or grant of
<br />interim status; conversion .to permit -by -rule, conditional
<br />authorization, or conditional exemption; procedure
<br />(a) The department may administratively convert the hazard-
<br />ous waste facilities permit or grant of interim status of a
<br />hazardous waste management unit authorized pursuant to such a
<br />permit or grant
<br />under a permit -t
<br />tions, a grant of c
<br />tion pursuant to
<br />ment facility meet
<br />(1) The unit is
<br />federal act.
<br />(2) The unit r
<br />authorization unc
<br />ment's regulation
<br />conditional exeml
<br />date of the statute
<br />authorization uno
<br />or conditional exe
<br />(b) This section
<br />for authorization
<br />tion, or condition
<br />streams or treatr
<br />hazardous waste
<br />document for the
<br />(c) The owner
<br />unit that desires
<br />hazardous waste
<br />facilities permit on
<br />(a) shall transmit
<br />ment:
<br />(1) A demonstr
<br />permit under the f
<br />(2) A demonstn
<br />under a permit -by
<br />or a grant of Gond
<br />pursuant to this ch
<br />(3) If applicable
<br />for which an auth(
<br />complies with the
<br />ating under a pern
<br />tion or conditional
<br />(4) One of the f
<br />(A) A written i
<br />tions adopted by
<br />permit application,
<br />unit from the exist
<br />of interim status.
<br />(B) A written r,
<br />tions adopted by
<br />permit application
<br />the existing hazard
<br />status if the unit su
<br />the only unit at the
<br />interim status.
<br />(d) Upon receir
<br />pursuant to paral
<br />department shall d:
<br />(1) Either apprc
<br />concurs with the t
<br />graphs (1) and (
<br />submitted pursuar
<br />complete and vali
<br />department does n
<br />pursuant to paragn
<br />notification submit
<br />(c) is incomplete or
<br />(2) If not all ac -
<br />,hazardous waste fa
<br />
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