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(continued)
(b) Compliance with the revisions to the Manifest form and procedures announced in the regulation published by U.S.EPA on March 4, 2005 and by the department on August 24, 2006, shall not be required until on and after September 5, 2006.

Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 Code of Federal Regulations Section 265.70.





s 66265.71. Use of Manifest System.
(a)(1) If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or the facility's agent, shall sign and date each copy of the manifest as indicated in paragraph (a)(2) of this section to certify that the hazardous waste covered by the manifest was received, that the hazardous waste was received except as noted in the discrepancy space of the manifest, or that the hazardous waste was rejected as noted in the manifest discrepancy space.
(2) If a facility receives a hazardous waste shipment accompanied by a manifest, including a facility located out of state, the owner, operator or the facility's agent shall:
(A) sign and date, by hand, each copy of the manifest;
(B) note any significant discrepancies in the manifest (as defined in section 66265.72, subsection (a)) on each copy of the manifest, and enter the most appropriate Hazardous Waste Report Management Method codes for each waste listed on the manifest from the list published in the most recent Hazardous Waste Report, Instructions and Forms(EPA Form 8700-13A/B) and shown in Appendix II of chapter 14.
(C) immediately give the transporter at least one copy of the signed manifest;
(D) within 30 days after the delivery, send a copy of the manifest to the generator;
(E) retain at the facility a copy of each manifest for at least three years from the date of delivery;
(F) within 30 days of each receipt of hazardous waste submit to the Department a legible copy of each manifest used. The facility manifest copy shall be submitted to the department for every shipment on a manifest when California is either the generator state or the destination state. The facility manifest copy shall be mailed to:
DTSC Facility Manifests

P.O. Box 3000

Sacramento, CA 95812-3000

; and
(G) a facility shall determine whether the consignment state for a shipment regulates any additional wastes (beyond those regulated federally) as hazardous wastes under its state hazardous waste program. Facilities shall also determine whether the consignment state or generator state requires the facility to submit any copies of the manifest to these states.
(b) If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is accompanied by a shipping paper containing all the information required on the manifest (excluding the Identification Numbers, generator's certification, and signatures), the owner or operator, or the facility's agent, shall:
(1) sign and date each copy of the manifest or shipping paper (if the manifest has not been received) to certify that the hazardous waste covered by the manifest or shipping paper was received;
(2) note any significant discrepancies as defined in section 66265.72(a) in the manifest or shipping paper (if the manifest has not been received) on each copy of the manifest or shipping paper;
(3) immediately give the rail or water (bulk shipment) transporter at least one copy of the manifest or shipping paper (if the manifest has not been received);
(4) within 30 days after the delivery, send a copy of the signed and dated manifest or a signed and dated copy of the shipping paper (if the manifest has not been received within 30 days after delivery) to the generator;
(5) within 30 days of each receipt of hazardous waste submit to the Department a legible copy of each manifest or shipping paper (if the manifest has not been received) used; and
(6) retain at the facility a copy of the manifest and shipping paper (if signed in lieu of the manifest at the time of delivery) for at least three years from the date of delivery.
(c) Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility shall comply with the requirements of chapter 12 of this division.
(d) In addition to submitting a copy of the manifest to the department, if a facility receives federally regulated hazardous waste imported from a foreign source, the receiving facility shall mail a copy of the manifest to the following address within 30 days of delivery: International Compliance Assurance Division, OFA/OECA (2254A), U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
(e) Within three working days of the receipt of a shipment subject to the requirements of 40 Code of Federal Regulations Part 262, Subpart H or this article, the owner or operator of facility shall provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460, and to competent authorities of all other concerned countries. The original copy of the tracking document shall be maintained at the facility for at least three years from the date of signature.
(f) Whenever hazardous waste is received by a facility from a transporter in a vehicle or bulk container that will be removed from the facility after emptying, the transporter shall determine by inspection whether the vehicle or bulk container is empty pursuant to section 66261.7 prior to the removal of the vehicle or bulk container from the facility.
(g) If a vehicle or bulk container cannot be rendered empty pursuant to section 66261.7 by equipment and methods available at the facility, the transporter shall follow the procedure in subsection (b) of section 66263.21. If the vehicle or bulk container is not empty, the transporter shall not move the vehicle or bulk container without the designated facility preparing a new manifest for container residues pursuant to section 66265.72 or 40 Code of Federal Regulations section 265.72, if located out of state.
(h) The provisions of section 66262.34 are applicable to the on-site accumulation of hazardous wastes by generators. Therefore, the provisions of section 66262.34 only apply to owners or operators who are shipping hazardous waste which they generated at that facility.

Note: Authority cited: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 Code of Federal Regulations Section 265.71; Hazardous Waste Report, Instructions and Forms(EPA Form 8700-13A/B); and 70 Fed. Reg. 10776 (Mar. 4, 2005), p. 10786-10787.






s 66265.72. Manifest Discrepancies.
(a) Manifest discrepancies are:
(1) Significant differences (as defined by paragraph (b) of this section) between the quantity or type of hazardous waste designated on the manifest or shipping paper, and the quantity or type of hazardous waste a facility actually receives.
(2) Rejected wastes, which may be a full or partial shipment of hazardous waste that the TSDF cannot accept; or
(3) Container residues, which are residues that exceed the quantity limits for "empty" containers set forth in 40 Code of Federal Regulations section 261.7(b) or section 66261.7 of this division.
(b) Significant discrepancies in quantity are: For bulk waste, variations greater than 10 percent in weight; for batch waste, any variation in piece count, such as a discrepancy of one drum in a truckload. Significant discrepancies in type are obvious differences which can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid or toxic constituents not reported on the manifest or shipping paper.
(c) Upon discovering a significant discrepancy in quantity or type, the owner or operator shall attempt to reconcile the discrepancy with the waste generator or transporter (e.g., with telephone conversations). If the discrepancy is not resolved within 15 days after receiving the waste, the owner or operator shall immediately submit to the Department a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at issue. Significant Discrepancy Reports should be mailed to:
DTSC Report Repository

Generator Information Services Section

P.O. Box 806

Sacramento, CA 95812-0806

(d)(1) Upon rejecting waste or identifying a container residue that exceeds the quantity limits for "empty" containers set forth in 40 Code of Federal Regulations section 261.7(b) or section 66261.7 of this division, the facility shall consult with the generator prior to forwarding the waste to another facility that can manage the waste. If it is impossible to locate an alternative facility that can receive the waste, the facility may return the rejected waste or residue to the generator. The facility shall send the waste to the alternative facility or to the generator within the time frame specified in the permit or 60 days, whichever is shorter, of the rejection or the container residue identification. The waste shall be managed consistent with any applicable permit conditions. The waste shall be handled consistent with the requirements of section 25200.19 of the Health and Safety Code.
(2) While the facility is making arrangements for forwarding rejected wastes or residues to another facility under this section, it shall ensure that either the delivering transporter retains custody of the waste, or, the facility shall provide for secure, temporary custody of the waste, pending delivery of the waste to the first transporter designated on the manifest prepared under paragraph (e) or (f) of this section.
(e) Except as provided in paragraph (e)(7) of this section, for full or partial load rejections and residues that are to be sent off-site to an alternate facility, the facility is required to prepare a new manifest in accordance with section 66262.20, subsection (a) of this division or 40 Code of Federal Regulations section 262.20(a), if located out of state, and the following instructions:
(1) Write the generator's EPA ID number in Item 1 of the new manifest. Write the generator's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for Item 5.
(2) Write the name of the alternate designated facility and the facility's EPA ID number in the designated facility block (Item 8) of the new manifest.
(3) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment.
(4) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest (Item 18a).
(5) Write the U.S. Department of Transportation description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new manifest and write the container types, quantity, and volume(s) of waste.
(6) Sign the Generator's/Offeror's Certification to certify, as the offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation.
(7) For full load rejections that are made while the transporter remains present at the facility, the facility may forward the rejected shipment to the alternate facility by completing Item 18b of the original manifest and supplying the information on the next destination facility in the Alternate Facility space. The facility shall retain a copy of this manifest for its records, and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility shall use a new manifest and comply with paragraphs (e)(1), (2), (3), (4), (5), and (6) of this section.
(f) Except as provided in paragraph (f)(7) of this section, for rejected wastes and residues that shall be sent back to the generator, the facility is required to prepare a new manifest in accordance with section 66262.20, subsection (a) of this division or 40 Code of Federal Regulations section 262.20(a), if located out of state, and the following instructions:
(1) Write the facility's EPA ID number in Item 1 of the new manifest. Write the generator's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for Item 5.
(2) Write the name of the initial generator and the generator's U.S. EPA ID number in the designated facility block (Item 8) of the new manifest.
(3) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment.
(4) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest (Item 18a).
(5) Write the U.S. DOT description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new manifest and write the container types, quantity, and volume(s) of waste.
(6) Sign the Generator's/Offeror's Certification to certify, as offeror of the shipment, that the waste has been properly packaged, marked and labeled, and is in proper condition for transportation.
(7) For full load rejections that are made while the transporter remains at the facility, the facility may return the shipment to the generator with the original manifest by completing Item 18a and 18b of the manifest and supplying the generator's information in the Alternate Facility space. The facility shall retain a copy for its records and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility shall use a new manifest and comply with paragraphs (f)(1), (2), (3), (4), (5), and (6) of this section.
(g) If a facility rejects a waste or identifies a container residue that exceeds the quantity limits for "empty" containers set forth in 40 Code of Federal Regulations section 261.7(b) or section 66261.7 of this division, after it has signed, dated, and returned a copy of the manifest to the delivering transporter or to the generator, the facility shall amend its copy of the manifest to indicate the rejected wastes or residues in the discrepancy space of the amended manifest. The facility shall also copy the manifest tracking number from Item 4 of the new manifest to the Discrepancy space of the amended manifest, and shall re-sign and date the manifest to certify to the information as amended. The facility shall retain the amended manifest for at least three years from the date of amendment, and shall within 30 days, send a copy of the amended manifest to the transporter and generator that received copies prior to their being amended. The facility shall submit a copy of the amended manifest within 30 days to the department at the address provided in section 66265.71, subsection (a)(2)(F).
(h) Upon discovering a discrepancy involving a hazardous waste of concern, as defined in section 66261.111(a), and the waste at issue represents a reportable quantity or a reportable difference in type, as specified in section 66261.111(b) and (c), the owner or operator shall attempt to reconcile the reportable quantity or difference with the waste generator or transporter. If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, the owner or operator shall immediately notify the Department by calling 1-800-69-TOXIC (1-800-698-6942) and providing the following information:
(1) Facility name and identification number;
(2) Generator name and identification number;
(3) Transporter(s) name(s), identification number(s), and, if available, transporter(s) registration number(s);
(4) Manifest number;
(5) Waste information (lines 11, 12, 13, and 14 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (as listed in Table I of the Appendix to Chapter 12, Article 7), quantity or volume of waste at issue, weight or volume units, and waste codes.
For shipments initiated on and after September 5, 2006, waste information (Items 9b, 10, 11, 12, and 13 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (found in the manifest instructions in the Appendix to chapter 12, article 8), quantity or volume of waste at issue, weight or volume units, and waste codes; and
(6) Potential locations or transportation routes where the hazardous waste of concern may have become missing (e.g., on highway or roads, rail line, transfer station, truck stop, etc.).
(i) If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, in addition to complying with subsection (h), within 5 days after discovering the reportable quantity or difference, the owner or operator shall submit to the Department a letter describing the reportable quantity or difference and attempts to reconcile it, and a copy of the manifest at issue.
(1) Owners or operators of facilities located in the counties of Los Angeles, Ventura, Santa Barbara, San Bernardino, Orange, Riverside, San Diego, or Imperial shall submit the letter to the Complaint Coordinator, Department of Toxic Substances Control, Statewide Compliance Division, Glendale Branch, 1011 North Grandview Avenue, Glendale, California 91201-2205.
(2) Owners or operators of facilities located in any other county, or out of state, shall submit the letter to the Complaint Coordinator, Department of Toxic Substances Control, Statewide Compliance Division, Northern California Branch, 8800 Cal Center Drive, Sacramento, California 95826-3200.

Note: Authority cited: Sections 25150, 25159, 25169.6, 25169.7 and 25169.8, Health and Safety Code. Reference: Sections 25159, 25159.5, 25160.6, 25169.5, 25169.6, 25169.7 and 25200.19, Health and Safety Code; 40 Code of Federal Regulations Section 265.72;Hazardous Waste Report, Instructions and Forms(EPA Form 8700-13A/B); and 70 Fed. Reg. 10776 (Mar. 4, 2005), p. 10786-10787.






s 66265.73. Operating Record.
(a) The owner or operator shall keep a written operating record at the facility.
(b) The following information shall be recorded, as it becomes available, and maintained in the operating record until closure of the facility:
(1) a description and the quantity of each hazardous waste received, and the method(s) and date(s) of its transfer, treatment, storage, or disposal at the facility as required by Appendix I, of this chapter;
(2) the location of each hazardous waste within the facility and the quantity at each location. For disposal facilities, the location and quantity of each hazardous waste shall be recorded on a map or diagram of each cell or disposal area. For all facilities, this information shall include cross-references to specific manifest document numbers, if the waste was accompanied by a manifest;
(3) records and results of waste analysis, waste determinations, and trial tests performed as specified in sections 66265.13, 66265.200, 66265.225, 66265.252, 66265.273, 66265.314, 66265.341, 66265.375, 66265.402, 66265.1034, 66265.1063, 66265.1084, 66268.4(a), and 66268.7 of this division;
(4) summary reports and details of all incidents that require implementing the contingency plan as specified in section 66265.56(j);
(5) records and results of inspections as required by section 66265.15 (d) (except these data need be kept only three years);
(6) monitoring, testing, or analytical data, and corrective action when required by article 6 and sections 66265.19, 66265.90, 66265.94, 66265.191, 66265.193, 66265.195, 66265.222, 66265.223, 66265.226, 66265.255, 66265.259, 66265.260, 66265.276, 66265.278, 66265.280(d)(1), 66265.302 through 66265.304, 66265.347, 66265.377, 66265.1034(c) through 66265.1034(f), 66265.1035, 66265.1063(d) through 66265.1063(i), 66265.1064, and 66265.1083 through 66265.1090.
(7) all closure cost estimates under section 66265.142 and, for disposal facilities, all post-closure cost estimates under section 66265.144;
(8) records of the quantities (and date of placement) for each shipment of hazardous waste placed in land disposal units under an extension to the effective date of any land disposal restriction granted pursuant to section 66268.5, and the applicable notice required by a generator under section 66268.7(a);
(9) for an off-site treatment facility, a copy of the notice, and the certification and demonstration if applicable, required by the generator or the owner or operator under section 66268.7;
(10) for an on-site treatment facility, the information contained in the notice (except the manifest number), and the certification and demonstration if applicable, required by the generator or the owner or operator under section 66268.7;
(11) for an off-site land disposal facility, a copy of the notice, and the certification and demonstration if applicable, required by the generator or the owner or operator of a treatment facility under section 66268.7;
(12) for an on-site land disposal facility, the information contained in the notice (except the manifest number), and the certification and demonstration if applicable, required by the generator or the owner or operator of a treatment facility under section 66268.7;
(13) for an off-site storage facility, a copy of the notice, and the certification and demonstration if applicable, required by the generator or the owner or operator under section 66268.7;
(14) for an on-site storage facility, the information contained in the notice (except the manifest number), and the certification and demonstration if applicable, required by the generator or the owner or operator of a treatment facility under section 66268.7;
(15) for off-site facilities, notices to generators as specified in section 66265.12(b).

Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25208.4(c), Health and Safety Code; and 40 CFR Section 265.73.





s 66265.74. Availability, Retention, and Disposition of Records.
(a) All records, including plans, required under this chapter shall be furnished upon request, and made available at all reasonable times for inspection, by any officer, employee, or representative of USEPA who is duly designated by the Administrator, the Department, the State Water Resources Control Board, or a regional water quality control board.
(b) The retention period for all records required under this chapter is extended automatically during the course of any unresolved enforcement action regarding the facility or as requested by the Department or USEPA Administrator.
(c) A copy of records of waste disposal locations and quantities under section 66265.73(b)(2) shall be submitted to the Department, the appropriate regional water quality control board, and local land authority upon closure of the facility (see section 66265.119).

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.74.





s 66265.75. Annual Report.
For the Annual report on activities for 1995, only facilities that are required under Title 40 of the Code of Federal of Regulations (CFR), section 265.75 to prepare and submit this report are subject to this section for the report. This Report, due on March 1, 1996 is to be submitted on U.S. EPA form 8700- 13A/B (5-80) (8-95) provided by the Department. Facilities required to submit this report for activities conducted during 1995 are facilities which treated, stored, or disposed of RCRA hazardous waste on site in units subject to RCRA permitting requirements during 1995.
The owner or operator shall prepare and submit single copies of an annual report to the Department and the appropriate regional water quality control board by March 1 of each year. The annual report shall be submitted on forms provided by the Department EPA Form 8700-13A/B, 5-80, (Revised 11-89). The report shall cover facility activities during the previous calendar year and shall include the following information:
(a) the Identification Number, name, and address of the facility;
(b) the calendar year covered by the report;
(c) for off-site facilities, the Identification Number of each hazardous waste generator from which the facility received a hazardous waste during the year; for imported shipments, the report shall give the name and address of the foreign generator:
(d) a description, including any applicable EPA hazardous waste number from chapter 11, article 3 or 4 of this division, California Hazardous Waste Number from chapter 11, Appendix XII of this division, and DOT Hazardous class, and the quantity of each hazardous waste the facility received during the year. Wastes that are classified as non-RCRA wastes shall be described by indicating a generic name of the waste and the phrase "Non-RCRA Hazardous Waste." When possible, the generic name shall be obtained from chapter 11, Appendix X, subdivision (e) of this division. If the generic name is not listed in chapter 11, Appendix X, subdivision (e), the commonly recognized industrial name of the waste shall be used. For off-site facilities, this information shall be listed by Identification Number of each generator;
(e) the method of transfer, treatment, storage, or disposal for each hazardous waste;
(f) monitoring data under article 6 of this chapter where required;
(g) the most recent closure cost estimate under section 66265.142, and, for disposal facilities, the most recent post-closure cost estimate under section 66265.144; and
(h) for generators who transfer, treat, store, or dispose of hazardous waste on-site, a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated;
(i) for generators who transfer, treat, store, or dispose of hazardous waste on-site, a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for the years prior to 1984;
(j) the certification signed by the owner or operator of the facility or the facility's authorized representative;
(k) the environmental monitoring data specified in section 66265.73;
(l) the owner or operator shall certify the following in writing for waste shipped offsite after January 1, 1990. The certification shall be attached to the Annual Report, and include the following:
(1) whether the hazardous waste shipped offsite has a heating value of 3,000 British Thermal Units per pound of waste or less, and a volatile organic compound (VOC) content of one percent or less by weight; and
(2) if the waste had a heating value or VOC content greater than that specified in subsection (l)(B)(1), that:
(A) the waste was incinerated or treated by any method that has been authorized by the Department as part of a hazardous waste facility permit issued pursuant to Health and Safety Code section 25200; or
(B) the waste is exempted from the requirements of chapter 18, article 12; or
(C) the waste was recycled; or
(D) the waste was shipped out of California for incineration, treatment, disposal or recycling.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25155.5, 25159, 25159.5 and 25244.4, Health and Safety Code; 40 CFR Section 265.75.





s 66265.76. Unmanifested Waste Report.
(a) If a facility accepts for transfer, treatment, storage, or disposal any hazardous waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper as described in section 66263.20(e)(2) of this division, and if the waste is not excluded from the manifest requirement of this chapter, then the owner or operator shall prepare and submit a single copy of a report to the Department within fifteen days after receiving the waste. The unmanifested waste report shall be submitted in the form of a letter to the Department at:
DTSC Report Repository

Generator Information Services Section

P.O. Box 806

Sacramento, CA 95812-0806

Such report shall be designated 'Unmanifested Waste Report' and include the following information:
(1) the Identification Number, name, and address of the facility;
(2) the date the facility received the waste;
(3) the Identification Number, name, and address of the generator and the transporter, if available;
(4) a description and the quantity of each unmanifested hazardous waste the facility received;
(5) the method of transfer, treatment, storage, or disposal for each hazardous waste;
(6) the certification signed by the owner or operator of the facility or the facility's authorized representative; and
(7) a brief explanation of why the waste was unmanifested, if known.

Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 Code of Federal Regulations Section 265.76.





s 66265.77. Additional Reports.
In addition to submitting the annual report and unmanifested waste reports described in sections 66265.75 and 66265.76, the owner or operator shall also report to the Department:
(a) releases, fires, and explosions as specified in section 66265.56(j);
(b) ground-water contamination and monitoring data as specified in sections 66265.93 and 66265.94;
(c) facility closure as specified in section 66265.115; and
(d) as otherwise required by chapter 15, articles 6 through 17, of this division.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.77.





s 66265.78. Reporting Hazardous Wastes of Concern Discovered To Be Missing While in Storage.
(a) The owner or operator of a hazardous waste facility, except a facility operating under a Permit by Rule, Conditional Authorization, or Conditional Exemption, shall comply with reporting requirements set forth in this section, in the event that a hazardous waste of concern, as defined in section 66261.111(a), is discovered to be missing during storage at the facility, and the waste at issue represents a reportable quantity or a reportable difference in type, as specified in section 66261.111(b) and (c).
(b) Upon discovering that a hazardous waste of concern is missing, and the waste at issue represents a reportable quantity or a reportable difference in type, the owner or operator shall immediately attempt to reconcile the reportable quantity or difference (e.g., by reviewing facility records). If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, the owner or operator shall immediately notify the Department by calling 1-800-69-TOXIC (1-800-698-6942) and providing the following information:
(1) Facility name and identification number;
(2) Generator name and identification number, if available;
(3) Transporter name, identification number, and transporter registration number, if available;
(4) Manifest number, if available;
(5) Waste information (lines 11, 12, 13, and 14 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (as listed in Table I of the Appendix to Chapter 12, Article 7), quantity or volume of waste at issue, weight or volume units, and waste codes.
For shipments initiated on and after September 5, 2006, waste information (Items 9b, 10, 11, 12, and 13 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (found in the manifest instructions in the Appendix to chapter 12, article 8), quantity or volume of waste at issue, weight or volume units, and waste codes; and
(6) Potential locations or transportation routes where the hazardous waste of concern may have become missing (e.g., areas at the facility the waste was handled or stored or during transportation to the facility on highway or roads, by rail line, transfer station, truck stop, etc.).
(c) If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, in addition to complying with subsection (b), within 5 days after discovering the reportable quantity or difference, the owner or operator shall submit to the Department a letter describing the reportable quantity or difference and attempts to reconcile it. The owner or operator shall mail the letter to the appropriate address for the county in which the facility is located, as specified in section 66265.72(i).

Note: Authority cited: Sections 25169.6, 25169.7 and 25169.8, Health and Safety Code. Reference: Sections 25169.5, 25169.6 and 25169.7, Health and Safety Code; and 40 Code of Federal Regulations 262 Appendix.





s 66265.90. Applicability.
(a) The regulations in this article apply to owners or operators of facilities specified in section 66265.1(b). A surface impoundment, waste pile, land treatment unit or landfill that receives or has received hazardous waste after November 19, 1980 shall comply with the requirements of this article for purposes of detecting, characterizing and responding to releases to groundwater, surface water or the unsaturated zone. The Department shall require an owner or operator of a surface impoundment, waste pile, land treatment unit or landfill that ceased receiving hazardous waste by November 19, 1980 to comply with the requirements of this article if the Department determines that constituents in or derived from waste placed in the surface impoundment, waste pile, land treatment unit or landfill may pose a threat to human health or the environment. A surface impoundment, waste pile, land treatment unit or landfill required to comply with the provisions of this article is hereinafter referred to as a "regulated unit."

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25150.5 and 25159, Health and Safety Code.





s 66265.91. Required Programs and the Water Quality Sampling and Analysis Plan.
(a) An owner or operator subject to this article shall conduct a monitoring and response program for each regulated unit at the facility as follows:
(1) the owner or operator shall institute a detection monitoring program under section 66265.98 except as required under subsections (a)(2) and (a)(3) of this section;
(2) the owner or operator shall institute an evaluation monitoring program under section 66265.99 whenever there is statistically significant evidence of a release, pursuant to section 66265.98(g) or (i) from the regulated unit during a detection monitoring program; and
(3) the owner or operator shall institute an evaluation monitoring program under section 66265.99 whenever there is significant physical evidence of a release from the regulated unit. Significant physical evidence of a release includes unexplained volumetric changes in surface impoundments, unexplained stress in biological communities, unexplained changes in soil coloration, visible signs of leachate migration, unexplained water table mounding beneath or adjacent to the regulated unit and any other change to the environment that could reasonably be expected to be the result of a release from the regulated unit.
(b) The owner or operator shall develop and follow a water quality sampling and analysis plan that satisfies the requirements of this article. The owner or operator shall submit this plan to the Department and initiate institute a water quality monitoring program required by subsection (a) of this section within 180 days of July 1, 1991. Until the water quality monitoring program is in full operation, the owner or operator shall continue to monitor in accordance with 40 CFR Part 265, Subpart F. The owner or operator shall submit all modifications to the water quality sampling and analysis plan to the Department and shall maintain a current version of the water quality sampling and analysis plan in the operating record at the facility. The Department shall require the owner or operator to modify the water quality sampling and analysis plan as necessary to protect human health or the environment.
(c) The owner or operator shall specify in the water quality sampling and analysis plan the specific elements of each monitoring and response program. For each regulated unit, the owner or operator shall include in the water quality sampling and analysis plan one or more of the programs identified in subsection (a) of this section as may be necessary to protect human health or the environment and shall specify the circumstances under which each of the programs will be required.
(d) In conjunction with an evaluation monitoring program the owner or operator shall continue to conduct a detection monitoring program under section 66265.98 as necessary to provide the best assurance of the detection of subsequent releases from the regulated unit.

Note: Authority cited: Sections 208, 25150 and 25259, Health and Safety Code. Reference: Sections 25150, 25150.5 and 25159, Health and Safety Code.





s 66265.92. Water Quality Protection Standard.
(a) For each regulated unit, the owner or operator shall establish a water quality protection standard in the water quality sampling and analysis plan. This water quality protection standard shall consist of the list of constituents of concern under section 66265.93, the concentration limits under section 66265.94 and the point of compliance and all monitoring points under section 66265.95. This water quality protection standard shall apply during the active life of the regulated unit and during any compliance period under section 66265.96.
(b) If an owner or operator is conducting a detection monitoring program in conjunction with an evaluation monitoring program for a regulated unit pursuant to section 66265.91(d), the owner or operator may establish separate water quality protection standards for each program.

Note: Authority cited: Sections 208. 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25150.5 and 25159, Health and Safety Code.





s 66265.93. Constituents of Concern.
For each regulated unit, the owner or operator shall specify in the water quality sampling and analysis plan the constituents of concern to which the water quality protection standard of section 66265.92 applies. Constituents of concern are the waste constituents, reaction products, and hazardous constituents that are reasonably expected to be in or derived from waste contained in the regulated unit.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25150.5 and 25159, Health and Safety Code.





s 66265.94. Concentration Limits.
(a) For each constituent of concern specified pursuant to section 66265.93, the owner or operator shall specify in the water quality sampling and analysis plan one of the following for each medium (groundwater, surface water and the unsaturated zone) monitored pursuant to section 66265.97:
(1) a concentration limit not to exceed the background value of that constituent as determined under section 66265.97(e)(11)(A); or
(2) that, at any given time, the concentration limit for that constituent will be equal to the background value of that constituent, as determined pursuant to section 66265.97(e)(11)(B).
(b) The owner or operator shall only specify different concentration limits for different monitoring points in the same medium where necessary:
(1) to describe background conditions in multiple surface water bodies, multiple aquifers or geochemically dissimilar zones in the same aquifer; or
(2) because the statistical method selected for a constituent uses intra-well comparison procedures.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25150.5 and 25159, Health and Safety Code.





s 66265.95. Monitoring Points and the Point of Compliance.
(a) For each regulated unit, the owner or operator shall specify in the water quality sampling and analysis plan the point of compliance at which the water quality protection standard of section 66265.92 applies and at which monitoring shall be conducted. The point of compliance is a vertical surface, located at the hydraulically downgradient limit of the waste management area, that extends through the uppermost aquifer underlying the regulated unit. For each regulated unit, the owner or operator shall specify monitoring points at the point of compliance and additional monitoring points at locations determined pursuant to section 66265.97 of this article at which the water quality protection standard under section 66265.92 of this article applies and at which monitoring shall be conducted.
(b) The waste management area is the limit projected in the horizontal plane of the area on which waste will be placed during the active life of the regulated unit.
(1) The waste management area includes horizontal space taken up by any liner, dike or other barrier designed to contain waste in the regulated unit.
(2) If the facility contains contiguous regulated units and monitoring along a shared boundary would impair the integrity of a containment or structural feature of any of the units, the waste management area may be described by an imaginary line along the outer boundary of the contiguous regulated units if the water quality monitoring program for each unit will enable the earliest possible detection of a release from that regulated unit. This provision only applies to contiguous regulated units that were operating before July 1, 1991.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25150.5 and 25159, Health and Safety Code.





s 66265.96. Compliance Period.
(a) The owner or operator shall specify in the water quality sampling and analysis plan the compliance period for each regulated unit. The compliance period is the number of years equal to the active life of the regulated unit (including the closure period) and constitutes the minimum period of time during which the owner or operator shall conduct a water quality monitoring program subsequent to a release from the regulated unit.
(b) The compliance period begins each time the owner or operator initiates an evaluation monitoring program meeting the requirements of section 66265.99.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25150.5 and 25159, Health and Safety Code.





s 66265.97. General Water Quality Monitoring and System Requirements.
(a) The owner or operator shall comply with the requirements of this section for any water quality monitoring program developed to satisfy sections 66265.98 or 66265.99.
(b) Groundwater Monitoring System.
(1) Except as provided under subsection (e)(3) of this section, the owner or operator shall establish a groundwater monitoring system for each regulated unit. The design of the groundwater monitoring system shall be based upon the information obtained from hydrogeologic investigations of the facility area, including the identification of the uppermost aquifer and aquifers hydraulically interconnected and a determination of groundwater flow rate and direction in each such aquifer. This groundwater monitoring system shall be fully operational within 180 days of July 1, 1991. Until such groundwater monitoring system is fully operational, the owner or operator shall continue to comply with 40 CFR Part 265, Subpart F. This groundwater monitoring system shall include:
(A) a sufficient number of background monitoring points (at least one) installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer that represent the quality of groundwater that has not been affected by a release from the regulated unit;
(B) for a detection monitoring program under section 66265.98:
1. a sufficient number of monitoring points (at least three) installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer that represent the quality of groundwater passing the point of compliance and to allow for the detection of a release from the regulated unit;
2. a sufficient number of monitoring points installed at additional locations and depths to yield groundwater samples from the uppermost aquifer as necessary to provide the best assurance of the earliest possible detection of a release from the regulated unit; and
3. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield groundwater samples from other aquifers, low-yielding saturated zones and from zones of perched water as necessary to provide the best assurance of the earliest possible detection of a release from the regulated unit; and
(C) for an evaluation monitoring program under section 66265.99:
1. a sufficient number of monitoring points (at least three) installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer that represent the quality of groundwater passing the point of compliance, and at other locations in the uppermost aquifer as necessary, to provide the data needed to evaluate changes in water quality due to the release from the regulated unit; and
2. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield groundwater samples from other aquifers, low-yielding saturated zones and zones of perched water as necessary to provide the data needed to evaluate changes in water quality due to the release from the regulated unit.
(2) The groundwater monitoring system may include background monitoring points that are not hydraulically upgradient of the regulated unit if documentation is maintained in the facility operating record that demonstrates that sampling at other monitoring points will provide samples that are representative of the background quality of groundwater or are more representative than those provided by the upgradient monitoring points.
(3) A copy of drillers' logs shall be filed with the Department on Department of Water Resources form DWR 188-Rev 12-86, available from the Department of Water Resources, 3251 S Street, Sacramento, CA 95816-7017, or by phone at (916) 322-7171.
(4) All monitoring wells shall be cased and constructed in a manner that maintains the integrity of the monitoring well bore hole and prevents the bore hole from acting as a conduit for contaminant transport.
(5) The sampling interval of each monitoring well shall be appropriately screened and fitted with an appropriate filter pack to enable collection of representative groundwater samples.
(6) For each monitoring well the annular space (i.e., the space between the bore hole and well casing) above and below the sampling interval shall be appropriately sealed to prevent entry of contaminants from the surface, entry of contaminants from the unsaturated zone, cross contamination of saturated zones and contamination of samples.
(7) All monitoring wells shall be adequately developed to enable collection of representative groundwater samples.
(c) Surface Water Monitoring System.
(1) The owner or operator shall establish a surface water monitoring system to monitor each surface water body that could be affected by a release from the regulated unit.
(2) Each surface water monitoring system shall include:
(A) a sufficient number of background monitoring points established at appropriate locations and depths to yield samples from each surface water body that represent the quality of the surface water that has not been affected by a release from the regulated units;
(B) for a detection monitoring program under section 66265.98, a sufficient number of monitoring points established at appropriate locations and depths to yield samples from each surface water body that provide the best assurance of the earliest possible detection of a release from the regulated unit; and
(C) for an evaluation monitoring program under section 66265.99, a sufficient number of monitoring points established at appropriate locations and depths to yield samples from each surface water body that provide the data necessary to evaluate changes in water quality due to the release from the regulated unit.
(d) Unsaturated Zone Monitoring System.
(1) Except as otherwise provided in subsection (d)(5) of this section, the owner or operator shall establish an unsaturated zone monitoring system for each regulated unit.
(2) The unsaturated zone monitoring system shall include:
(A) a sufficient number of background monitoring points established at appropriate locations and depths to yield soil-pore liquid samples or soil-pore liquid measurements that represent the quality of soil-pore liquid that has not been affected by a release from the regulated unit; (continued)