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(continued)
K151 All Dec. 19, 1994.
K156 All July 8, 1996.
K157 All July 8, 1996.
K158 All July 8, 1996.
K159 All July 8, 1996.
K160 All July 8, 1996.
K161 All July 8, 1996.
NA Newly identified mineral May 26, 2000
processingwastes from titanium
dioxideproduction and mixed
radioactive/newly identified
D004-D011 characteristic wastes
and mineral processing wastes
P127 All July 8, 1996.
P128 All July 8, 1996.
P185 All July 8, 1996.
P188 All July 8, 1996.
P189 All July 8, 1996.
P190 All July 8, 1996.
P191 All July 8, 1996.
P192 All July 8, 1996.
P194 All July 8, 1996.
P196 All July 8, 1996.
P197 All July 8, 1996.
P198 All July 8, 1996.
P199 All July 8, 1996.
P201 All July 8, 1996.
P202 All July 8, 1996.
P203 All July 8, 1996.
P204 All July 8, 1996.
P205 All July 8, 1996.
U271 All July 8, 1996.
U277 All July 8, 1996.
U278 All July 8, 1996.
U279 All July 8, 1996.
U280 All July 8, 1996.
U328 All Nov. 9, 1992.
U353 All Nov. 9, 1992.
U359 All Nov. 9, 1992.
U364 All July 8, 1996.
U365 All July 8, 1996.
U366 All July 8, 1996.
U367 All July 8, 1996.
U372 All July 8, 1996.
U373 All July 8, 1996.
U375 All July 8, 1996.
U376 All July 8, 1996.
U377 All July 8, 1996.
U378 All July 8, 1996.
U379 All July 8, 1996.
U381 All July 8, 1996.
U382 All July 8, 1996.
U383 All July 8, 1996.
U384 All July 8, 1996.
U385 All July 8, 1996.
U386 All July 8, 1996.
U387 All July 8, 1996.
U389 All July 8, 1996.
U390 All July 8, 1996.
U391 All July 8, 1996.
U392 All July 8, 1996.
U393 All July 8, 1996.
U394 All July 8, 1996.
U395 All July 8, 1996.
U396 All July 8, 1996.
U400 All July 8, 1996.
U401 All July 8, 1996.
U402 All July 8, 1996.
U403 All July 8, 1996.
U404 All July 8, 1996.
U407 All July 8, 1996.
U409 All July 8, 1996.
U410 All July 8, 1996.
U411 All July 8, 1996.

[FNa] Wastes that are deep well disposed on-site receive a six-month variance, with restrictions effective in November 1990.
[FNb] Deepwell injected D002 liquids with a pH less than 2 must meet the California List treatment standards on August 8, 1990.
[FNc] Managed in systems defined in 40 CFR 144.6(e) 40 CFR 144.6(e) and 14.6(e) as Class V injection wells, that do not engage in federal CWA-equivalent treatment before injection. Note: This table is provided for the convenience of the reader.





Appendix IX. -Extraction Procedure (EP)
Toxicity Test Method and Structural Integrity Test (SW-846, Method 1310A)

Note: The EP (Method 1310) is published in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," USEPA Publication SW-846, as incorporated by reference in section 66260.11.
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE





Appendix X. [Reserved]





Appendix XI. -Metal Bearing Wastes Prohibited From Dilution in a Combustion Unit According to section 66268.3(b) [FN1]
Waste Code Waste description
D004...... Toxicity Characteristic for Arsenic.
D005...... Toxicity Characteristic for Barium
D006...... Toxicity Characteristic for Cadmium.
D007...... Toxicity Characteristic for Chromium.
D008...... Toxicity Characteristic for Lead.
D009...... Toxicity Characteristic for Mercury.
D010...... Toxicity Characteristic for Selenium.
D011...... Toxicity Characteristic for Silver.
F006...... Wastewater treatment sludges from
electroplating operations except from the
following processes: (1) sulfuric acid
anodizing of aluminum; (2) tin plating carbon steel; (3) zinc
plating (segregated basis) on
carbon steel; (4) aluminum or zinc-plating on
carbon steel; (5) cleaning/stripping
associated with tin, zinc and aluminum
plating on carbon steel; and (6) chemical
etching and milling of aluminum.
F007...... Spent cyanide plating bath solutions from
electroplating operations.
F008...... Plating bath residues from the bottom of
plating baths from electroplating operations
where cyanides are used in the process.
F009...... Spent stripping and cleaning bath solutions
from electroplating operations where
cyanides are used in the process.
F010...... Quenching bath residues from oil baths from
metal treating operations where cyanides are
used in the process.
F011...... Spent cyanide solutions from salt bath pot
cleaning from metal heat treating operations.
F012...... Quenching waste water treatment sludges
from metal heat treating operations where
cyanides are used in the process.
F019...... Wastewater treatment sludges from the
chemical conversion coating of aluminum
except from zirconium phosphating in
aluminum car washing when such
phosphating is an exclusive conversion
coating process.
K002...... Wastewater treatment sludge from the
production of chrome yellow and orange
pigments.
K003...... Wastewater treatment sludge from the
production of molybdate orange pigments.
K004...... Wastewater treatment sludge from the
production of zinc yellow pigments.
K005...... Wastewater treatment sludge from the
production of chrome green pigments.
K006...... Wastewater treatment sludge from the
production of chrome oxide green pigments
(anhydrous and hydrated).
K007...... Wastewater treatment sludge from the
production of iron blue pigments.
K008...... Oven residue fromthe production of
chrome oxide green pigments.
K061...... Emission control dust/sludge from the
primary production of steel in electric
furnaces.
K069...... Emission control dust/sludge from secondary
lead smelting.
K071...... Brine purification muds from the mercury cell
processes in chlorine production, where
separately prepurified brine is not used.
K100...... Waste leaching solution from acid leaching
of emission control dust/sludge from
secondary lead smelting.
K106...... Sludges from the mercury cell processes for
making chlorine.
P010...... Arsenic acid H3ASO4
P011...... Arsenic oxide AS2O5
P012...... Arsenic trioxide
P013...... Barium cyanide
P015...... Beryllium
P029...... Copper cyanide Cu(CN)
P074...... Nickel cyanide Ni(CN)
P087...... Osmium tetroxide
P099...... Potassium silver cyanide
P104...... Silver cyanide
P113...... Thallic oxide
P114...... Thallium (l) selenite
P115...... Thallium (l) sulfate
P119...... Ammonium vanadate
P120...... Vanadium oxide V2O5
P121...... Zinc cyanide.
U032...... Calcium chromate.
U145...... Lead phosphate.
U151...... Mercury.
U204...... Selenious acid.
U205...... Selenium disulfide.
U216...... Thallium (l) chloride.
U217...... Thallium (l) nitrate.

[FNa1] A combustion unit is defined as any thermaltechnology subject to CCR, Title 22, division 4.5, chapter 14, article 14 or chapter 15, article 15 and/or chapter 16, article 8.





s 66270.1. Purpose and Scope of These Regulations.
(a) Coverage.
(1) These permit regulations establish provisions for the issuance and administration of hazardous waste permits pursuant to chapter 6.5 of division 20 of the Health and Safety Code (commencing with section 25100).
(2) The regulations in this chapter cover basic permitting requirements, such as application requirements, standard permit conditions, and monitoring and reporting requirements. These regulations are part of a regulatory scheme implementing chapter 6.5 (commencing with section 25100) of division 20 of the Health and Safety Code, set forth in different parts of Title 22, California Code of Regulations.
(3) Technical regulations. The permit program has separate additional regulations that contain technical requirements. These separate regulations are used by the Department to determine what requirements shall be placed in permits if they are issued. These separate regulations are located in chapters 14 and 16 of this division.
(b) Overview of the Permit Program. Not later than 90 days after the promulgation or revision of regulations in chapter 11 of this division, which result in a waste becoming subject to the requirements of this division, generators and transporters of that hazardous waste, and owners or operators of hazardous waste facilities that transfer, treat, store, or dispose of that waste shall file a notification of that activity under Health and Safety Code section 25153.6. After the promulgation of the chapter 11 regulations, transfer, treatment, storage or disposal of the newly regulated hazardous waste by any person who has not filed a notification with the Department and received a permit or grant of interim status is prohibited unless otherwise specifically authorized by the Department or another provision of this division. A permit application consists of two parts, Part A (see section 66270.13) and Part B (see section 66270.14 and applicable sections in sections 66270.15 through 66270.23). For "existing HWM facilities," the requirement to submit an application is satisfied by submitting only Part A of the permit application until the date the Department sets for submitting Part B of the application. (Part A consists of Forms 1 and 3 of the Consolidated Permit Application Forms.) Timely submission of both notification under Health and Safety Code section 25153.6 and Part A qualifies owners and operators of existing HWM facilities (who are required to have a permit) for interim status under section 25200.5 of the Health and Safety Code. Facility owners and operators with interim status are treated as having been issued a permit until the Department makes a final determination on the permit application. Facility owners and operators with interim status shall comply with interim status standards set forth in chapter 15 of this division. For existing HWM facilities, the Department shall set a date, giving at least 60 days notice, for submission of Part B of the application.
There is no form for Part B of the application; rather, Part B shall be submitted in narrative form and contain the information set forth in the applicable sections of sections 66270.14 through 66270.23. Owners or operators of new HWM facilities shall submit Parts A and B of the permit application at least 180 days before physical construction is expected to commence.
(c) Scope of the Permit Requirements. A permit is required for the "transfer," "treatment," "storage," and "disposal" of any waste which is hazardous waste pursuant to section 66261.3. The terms "transfer," "treatment," "storage," "disposal," and "hazardous waste" are defined in section 66260.10. Owners and operators of hazardous waste management units shall have permits during the active life (including the closure period) of the unit. Owners or operators of surface impoundments, landfills, land treatment units, and waste pile units that received wastes after July 26, 1982, or that certified closure (according to section 66265.115) after January 26, 1983, shall have post-closure permits, unless they demonstrate closure by removal as provided under subsections (c)(5) and (6) of this section. If a post-closure permit is required, the permit shall address applicable chapter 14 Water Quality Monitoring, Environmental Monitoring, Corrective Action, and Post-closure Care Requirements of this division. The denial of a permit for the active life of a hazardous waste management facility or unit does not affect the requirement to obtain a post-closure permit under this section.
(1) Specific inclusions. Owners and operators of certain facilities require hazardous waste facility permits as well as permits under other programs for certain aspects of the facility operation. Permits are required for:
(A) injection wells that dispose of hazardous waste, and associated surface facilities that transfer, treat, store or dispose of hazardous waste;
(B) transfer, treatment, storage, or disposal of hazardous waste at facilities requiring an NPDES permit. However, the owner or operator of a publicly owned treatment works receiving hazardous waste shall be deemed to have a permit for treatment of that waste if the owner or operator complies with the requirements of section 66270.60(d)(1).
(C) barges or vessels that dispose of hazardous waste by ocean disposal. However, the owner or operator shall be deemed to have a permit for ocean disposal from the barge or vessel if the owner or operator complies with the requirements of section 66270.60(d)(2).
(D) treatment of hazardous wastes using a Transportable Treatment Unit (TTU). However, the owner or operator of a transportable treatment unit (TTU) shall be deemed to have a permit to operate the TTU when the owner or operator submits completed TTU notifications as specified in Section 67450.2(a) and 67450.3(a)(3) and receives acknowledgements from the Department authorizing operation of the TTU pursuant to sections 67450.2(a)(3) and 67450.3(b).
(E) treatment of hazardous wastes using a Fixed Treatment Unit (FTU). However, the owner or operator of a fixed treatment unit (FTU) shall be deemed to have a permit to operate the FTU when the owner or operator submits a completed FTU facility-specific notification as specified in Section 67450.2(b) and receives an acknowledgement from CUPA or authorized agency authorizing operation of the FTU pursuant to section 67450.2(b)(5).
(F) operation of a temporary household hazardous waste collection facility (THHWCF). However, the operator of a THHWCF shall be deemed to have a permit to operate the THHWCF when the operator submits a completed THHWCF notification as specified in Section 66270.60(d)(5)(A).
(2) Specific exclusions. The following persons are among those who are not required to obtain a permit:
(A) generators who accumulate hazardous waste on-site without meeting the definition of a storage facility set forth in Health and Safety Code Section 25123.3.
(B) farmers who dispose of hazardous waste pesticides from their own use as provided in section 66262.70;
(C) transporters storing manifested shipments of hazardous waste in containers at a transfer facility, and transfer facilities storing manifested shipments of hazardous waste in containers, for six days or less, or 10 days or less for transfer facilities in areas zoned industrial by the local planning authority, and meeting the requirements of sections 66262.30 and 66263.18;
(D) persons adding absorbent material to waste in a container (as defined in section 66260.10 of this division) and persons adding waste to absorbent material in a container, provided that these actions occur at the time waste is first placed in the container; and sections 66264.17(b), 66264.171, and 66264.172 of this division are complied with.
(E) Persons who manage universal waste. These persons are subject to regulation under chapter 23 when managing universal wastes listed in section 66261.9 of this division.
(3) Further exclusions.
(A) A person is not required to obtain a permit for treatment or containment activities which are necessary to perform an immediate response to any of the following situations:
1. a discharge of a hazardous waste;
2. an imminent and substantial threat of a discharge of hazardous waste;
3. a discharge of a material which, when discharged, becomes a hazardous waste.
(B) Any person who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this chapter for those activities.
(4) Permits for less than an entire facility. The Department may issue or deny a permit for one or more units at a facility without simultaneously issuing or denying a permit to all of the units at the facility. The interim status of any unit for which a permit has not been issued or denied is not affected by the issuance or denial of a permit to any other unit at the facility.
(5) Closure by removal. Owners/operators of surface impoundments, land treatment units, and waste piles closing by removal or decontamination under the standards of chapter 15 of this division shall obtain a post-closure permit unless they can demonstrate to the Department that the closure met the standards for closure-by-removal or decontamination in sections 66264.228, 66264.280(e), or 66264.258, respectively. The demonstration may be made in the following ways:
(A) if the owner/operator has submitted a Part B application for a post-closure permit, the owner/operator may request a determination, based on information contained in the application, that the closure-by-removal or decontamination standards of chapter 14 of this division were met. If the Department believes that the chapter 14 standards were met, the Department will notify the public of this proposed decision, allow for public comment, and reach a final determination according to the procedures in paragraph (c)(6) of this section.
(B) If the owner/operator has not submitted a Part B application for a post-closure permit, the owner/operator may petition the Department for a determination that a post-closure permit is not required because the closure met the applicable closure-by-removal or decontamination standards of chapter 14 of this division.
1. The petition shall include data demonstrating that the applicable chapter 14 closure-by-removal or decontamination standards were met.
2. The Department shall approve or deny the petition according to the procedures outlined in subsection (c)(6) of this section.
(6) Procedures for closure equivalency determination.
(A) If a facility owner/operator seeks an equivalency demonstration under section 66270.1(c)(5), the Department shall provide the public, through a newspaper notice, the opportunity to submit written comments on the information submitted by the owner/operator within 30 days from the date of the notice. The Department shall also, in response to a request or at the Department's own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning the equivalence of the closure under chapter 15 of this division to a closure-by-removal or decontamination under chapter 14 of this division. The Department shall give public notice of the hearing at least 30 days before it occurs. Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined.
(B) The Department shall determine whether the closure under chapter 15 of this division met the closure-by-removal or decontamination requirements of chapter 14 of this division within 90 days of receipt of a petition requesting a closure equivalency determination. If the Department finds that the closure did not meet the applicable chapter 14 standards, the Department shall provide the owner/operator with a written statement of the reasons why the closure failed to meet chapter 14 standards. The owner/operator may submit additional information in support of an equivalency demonstration within 30 days after receiving such written statement. The Department shall review any additional information submitted and make a final determination within 60 days.
(C) If the Department determines that the facility did not close in accordance with the closure-by-removal or decontamination standards of chapter 14 of this division, the facility is subject to post-closure permitting requirements.
(d) Where waste discharge requirements are established pursuant to sections 13260 and 13263 of the Water Code, they shall be incorporated as a condition of the Hazardous Waste Facility Permit issued to the applicant pursuant to this chapter to the extent the Department determines the waste discharge requirements are not less stringent than this division or chapter 6.5 of division 20 of the Health and Safety Code. The Department may establish in the permit more stringent requirements which the Department determines are necessary or appropriate to carry out this division of chapter 6.5 of division 20 of the Health and Safety Code.

Note: Authority cited: Sections 25141, 25150, 25150.6, 25159, 25219.1 and 58012, Health and Safety Code. Reference: Sections 25118, 25141, 25159, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 270.1.





s 66270.3. Considerations Under Federal Law.
The following is a list of Federal laws that may apply to the issuance of permits under these rules. When any of these laws is applicable, its procedures shall be followed. When the applicable law requires consideration or adoption of particular permit conditions or requires the denial of a permit, those requirements also shall be followed.
(a) The Wild and Scenic Rivers Act. 16 U.S.C. section 1273 et seq.) section 7 of the Act prohibits the USEPA Regional Administrator and the Department from assisting by permit or otherwise the construction of any water resources project that would have a direct, adverse effect on the values for which a national wild and scenic river was established.
(b) The National Historic Preservation Act of 1966. (16 U.S.C. section 470 et seq.) section 106 of the Act and implementing regulations (36 CFR Part 800) require the USEPA Regional Administrator and the Department, before issuing a permit, to adopt measures when feasible to mitigate potential adverse effects of the licensed activity and properties listed or eligible for listing in the National Register of Historic Places. The Act's requirements are to be implemented in cooperation with the California State Office of Historic Preservation and upon notice to, and when appropriate, in consultation with the Advisory Council on Historic Preservation.
(c) The Endangered Species Act. 16 U.S.C. section 1531 et seq.) section 7 of the Act and implementing regulations (50 CFR Part 402) require the USEPA Regional Administrator and the Department to ensure, in consultation with the Secretary of the Interior or Commerce, that any action authorized by USEPA or the Department is not likely to jeopardize the continued existence of any endangered or threatened species or adversely affect its critical habitat.
(d) The Coastal Zone Management Act. (16 U.S.C. section 1451 et seq.) section 307(c) of the Act and implementing regulations (15 CFR Part 930) prohibit USEPA and the Department from issuing a permit for an activity affecting land or water use in the coastal zone until the applicant certifies that the proposed activity complies with the California State Coastal Zone Management Program, and the California Coastal Commission concurs with the certification (or the U.S. Secretary of Commerce overrides the Commission's nonconcurrence).
(e) The Fish and Wildlife Coordination Act. 16 U.S.C. section 661 et seq. requires that the USEPA Regional Administrator and the Department, before issuing a permit proposing or authorizing the impoundment (with certain exemptions), diversion, or other control or modification of any body of water, consult with the State Department of Fish and Game exercising jurisdiction over wildlife resources to conserve those resources.
(f) Executive orders. [Reserved]

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 270.3.





s 66270.4. Effect of a Permit.
(a) The Department's issuance of a permit does not prevent the Department from adopting or amending regulations which impose additional or more stringent requirements than those in existence at the time a permit is issued and does not prevent the enforcement of these requirements against the owner or operator of a permitted facility. As part of any formal rulemaking, the Department shall specify the manner in which a proposed regulatory change is intended to apply to facilities which have been issued a hazardous waste facility permit.
(b) Not withstanding subsection (a) above, the owner or operator of a facility which has been issued a hazardous waste facility permit shall comply with conditions of the permit as well as regulations adopted by the Department.
(c) The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege.
(d) The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights, or any infringement of State or local law or regulations.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25202, Health and Safety Code; 40 CFR Section 270.4.





s 66270.5. Noncompliance and Program Reporting by the Department.
The Department shall prepare quarterly and annual reports on facilities and activities regulated under RCRA as detailed below. the Department shall submit any reports required under this section to the USEPA Regional Administrator. For purposes of this section only, permittees shall include interim status facilities, when appropriate.
(a) Quarterly reports. The Department shall submit quarterly narrative reports for major facilities as follows.
(1) Format. The report shall use the following format:
(A) information on noncompliance for each facility;
(B) alphabetize by permittee name. When two or more permittees have the same name, the lowest permit number shall be entered first;
(C) for each entry on the list, include the following information in the following order:
1. name, location, and permit number of the
noncomplying permittee;
2. a brief description and date of each instance of noncompliance for that permittee. Instances of noncompliance may include one or more of the kinds set forth in subsection (a)(2) of this section. When a permittee has noncompliance of more than one kind, combine the information into a single entry for each such permittee;
3. the date(s) and a brief description of the action(s) taken by the Department to ensure compliance;
4. status of the instance(s) of noncompliance with the date of the review of the status or the date of resolution;
5. any details which tend to explain or mitigate the instance(s) of noncompliance.
(2) Instances of noncompliance to be reported. Any instances of noncompliance within the following categories shall be reported in successive reports until the noncompliance is reported as resolved (once noncompliance is reported as resolved it need not appear in subsequent reports):
(A) failure to complete construction elements. When the permittee has failed to complete, by the date specified in the permit, an element of a compliance schedule involving either planning for construction (for example, award of a contract, preliminary plans), or a construction step (for example, begin construction, attain operation level); and the permittee has not returned to compliance by accomplishing the required element of the schedule within 30 days from the date a compliance schedule report is due under the permit;
(B) modifications to schedules of compliance. When a schedule of compliance in the permit has been modified under section 66270.41 or 66270.42 because of the permittee's noncompliance;
(C) failure to complete or provide compliance schedule or monitoring reports. When the permittee has failed to complete or provide a report required in a permit compliance schedule (for example, progress report or notice of noncompliance or compliance) or a monitoring report; and the permittee has not submitted the complete report within 30 days from the date it is due under the permit for compliance schedules, or from the date specified in the permit for monitoring reports;
(D) deficient reports. When the required reports provided by the permittee are so deficient as to cause misunderstanding by the Department and thus impede the review of the status of compliance;
(E) noncompliance with other permit requirements. Noncompliance shall be reported in the following circumstances:
1. whenever the permittee has violated a permit requirement (other than reported under subsection (a)(2)(A) or (B) of this section) and has not returned to compliance within 45 days from the date reporting of noncompliance was due under the permit; or
2. when the Department determines that a pattern of noncompliance exists for a major facility permittee over the most recent four consecutive reporting periods. This pattern includes any violation of the same requirement in two consecutive reporting periods, and any violation of one or more requirements in each of four consecutive reporting periods; or
3. when the Department determines significant permit noncompliance or other significant event has occurred such as a fire or explosion or migration of fluids into a USDW;
4. all other. Statistical information shall be reported quarterly on all other instances of noncompliance by major facilities with permit requirements not otherwise reported under subsection (a) of this section.
(b) Annual reports.
(1) Annual noncompliance report. Statistical reports shall be submitted by the Department on nonmajor RCRA permittees indicating the total number reviewed, the number of noncomplying nonmajor permittees, the number of enforcement actions, and number of permit modifications extending compliance deadlines. The statistical information shall be organized to follow the types of noncompliance listed in subsection (a) of this section.
(2) In addition to the annual noncompliance report, the Department shall prepare a "program report" which contains information (in a manner and form prescribed by the USEPA Regional Administrator) on generators and transporters and the permit status of regulated facilities. The Department shall also include, on a biennial basis, summary information on the quantities and types of hazardous wastes generated, transported, treated, stored and disposed during the preceding odd-numbered year. This summary information shall be reported in a manner and form prescribed by the USEPA Regional Administrator and shall be reported according to USEPA characteristics and lists of hazardous wastes in chapter 11 of this division.
(c) Schedule for all quarterly reports. No later than the last working day of May, August, November, and February, the Department shall submit to the USEPA Regional Administrator information concerning noncompliance with permit requirements by major facilities in the State in accordance with the following schedule.
QUARTERS COVERED BY REPORTS ON

NONCOMPLIANCE BY MAJOR DISCHARGERS

(Date for completion of reports)
January, February, and March [FN1] May 31
April, May, and June [FN1] August 31
July, August, and September [FN1] November 30
October, November, and December [FN1] February 28
[FNa1] Reports shall be made available to the public for inspection and copying no later than this date.

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 270.5.





s 66270.10. General Application Requirements.
(a) Permit application. Any person who is required to have a permit (including new applicants and permittees with expiring permits) shall complete, sign, and submit a Part A and Part B permit application to the Department as specified in this chapter. Persons currently authorized with interim status shall apply for permits when required by the Department. Persons covered by permits by rule (section 66270.60) need not apply. Procedures for applications, issuance and administration of emergency permits are found exclusively in section 66270.61. Procedures for application, issuance and administration of research, development, and demonstration permits are found exclusively in section 66270.65.
(b) Who applies? When a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit, except that the owner shall also sign the permit application.
(c) Completeness. The Department shall not begin the processing of a permit until the applicant has fully complied with the application requirements for that permit. The Department shall not issue a permit before receiving a complete application for a permit except for permits by rule, or emergency permits. An application for a permit is complete when the Department receives an application form and any supplemental information which are completed to the Department's satisfaction, and the Department notifies the applicant in writing that the application is complete. The completeness of any application for a permit shall be judged independently of the status of any other permit application or permit for the same facility or activity. The Department may deny a permit for the active life a of a hazardous waste management facility or unit before receiving a complete application for a permit.
(d) Information requirements. All applicants for permits shall provide information set forth in section 66270.13 and applicable subsections in sections 66270.14 through 66270.23 to the Department, using the application form (Application for a Hazardous Waste Permit, EPA Form 8700-23, revised 1/90) provided by the Department.
(e) Existing hazardous waste management facilities and interim status qualifications.
(1) Owners and operators of existing hazardous waste managementfacilities or of hazardous waste management facilities in existence on the effective date of statutory or regulatory amendments under the act that render the facility subject to the requirement to have a permit shall submit Part A of their permit application no later than:
(A) six months after the date of publication of regulations which first require them to comply with the standards set forth in chapter 15 or 16 of this division, or
(B) thirty days after the date they first become subject to the standards set forth in chapter 15 or 16 of this division, whichever first occurs.
(2) At any time after July 1, 1991, the owner and operator of an existing hazardous waste management facility may be required to submit Part B of their permit application. Any owner or operator shall be allowed 60 days from the date of request to submit a complete Part B of the application. The Department shall allow an owner or operator more time to submit a complete Part B if the owner or operator demonstrates to the satisfaction of the Department that additional time is required to complete Part B of the application. Any owner or operator of an existing hazardous waste management facility may voluntarily submit Part B of the application at any time.
Notwithstanding the above, any owner or operator of an existing hazardous waste management facility shall submit a Part B permit application in accordance with the dates specified in section 66270.73. Any owner or operator of a land disposal facility in existence on the effective date of statutory or regulatory amendments under RCRA or the Health and Safety Code that render the facility subject to the requirement to have a permit shall submit a Part B application in accordance with the dates specified in section 66270.73.
(3) Failure to furnish a requested Part B application on time, or to furnish in full the information required by the Part B application, is grounds for termination of interim status under chapter 21 of this division.
(f) New hazardous waste management facilities.
(1) No person shall begin physical construction of a new hazardous waste management facility or new HWM unit without having submitted Parts A and B of the permit application or a permit modification request and having received a finally effective permit or permit modification.
(2) An application for a permit for a new hazardous waste management facility (including both Parts A and B) may be filed any time after promulgation of those standards in chapter 14, article 9 et seq. of this division applicable to such facility. The application shall be filed with the Department. All applications shall be submitted at least 180 days before physical construction is expected to commence.
(g) Updating permit applications.
(1) If any owner or operator of a hazardous waste management facility has filed Part A of a permit application and has not yet filed Part B, the owner or operator shall file an amended Part A application:
(A) with the Department, no later than the effective date of regulatory provisions listing or designating wastes as hazardous in addition to those listed or designated under the previous regulations, if the facility is transferring, treating, storing, or disposing of any of those newly listed or designated wastes; or
(B) As necessary to comply with provisions of section 66270.72 for changes during interim status.
(2) The owner or operator of a facility who fails to comply with the updating requirements of subsection (g)(1) of this section shall not receive interim status as to the wastes not covered by duly filed and approved Part A applications.
(h) Reapplications. Any hazardous waste management facility with an effective permit shall submit a new application at least 180 days before the expiration date of the effective permit, unless permission for a later date has been granted by the Department. (The Department shall not grant permission for applications to be submitted later than the expiration date of the existing permit.)
(i) Recordkeeping. Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted under sections 66270.10(d), 66270.13, and 66270.14 through 66270.23 for a period of at least 3 years from the date the application is signed.
(j) Exposure information.
(1) After August 8, 1985, any Part B permit application submitted by an owner or operator of a facility that transfers, stores, treats, or dispose of hazardous waste in a surface impoundment or a landfill shall be accompanied by information, reasonably ascertainable by the owner or operator, on the potential for the public to be exposed to hazardous wastes or hazardous constituents through releases related to the unit. At a minimum, such information shall address:
(A) reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation to or from the unit;
(B) the potential pathways of human exposure to hazardous wastes or constituents resulting from the releases described under subsection (j)(l)(A) of this section; and
(C) the potential magnitude and nature of the human exposure resulting from such releases.
(2) By August 8, 1985, owners and operators of a landfill or a" surface impoundment who have already submitted a Part B application shall submit the exposure information required in subsection (j)(l) of this section.
(k) The Department may require a permittee or an applicant to submit information in order to establish permit conditions under sections 66270.32(b)(2) and 66270.50(d).

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 270.10.





s 66270.11. Signatories to Permit Applications and Reports.
(a) Applications. All permit applications shall be signed as follows:
(1) for a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who is authorized to perform similar policy or decision making functions, which govern the operation of the regulated facility, for the corporation;
(2) for a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) for a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes:
(A) the chief executive officer of the agency, or
(B) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of USEPA).
(b) Reports. All reports required by permits and other information requested by the Department shall be signed by a person described in subsection (a) of this section, or by a duly authorized representative of that person. A person is a duly authorized representative only if:
(1) the authorization is made in writing by a person described in subsection (a) of this section;
(2) the authorization specifies either an individual or a position having responsibility for overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and (3) the written authorization is submitted to the Department.
(c) Changes to authorization. If an authorization under subsection (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of subsection (b) of this section shall be submitted to the Department prior to or together with any reports, information, or applications to be signed by an authorized representative.
(d) Certification. Any person signing a document under subsection (a) or (b) of this section shall make the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to be the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

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 270.11.





s 66270.12. Confidentiality of Information.
(a) In accordance with section 66260.2, any information submitted to the Department pursuant to these regulations may be claimed as confidential by the submitter. Any such claim shall be asserted at the time of submission in the manner prescribed on the application form or instructions or, in the case of other submissions, by stamping the words "confidential business information" on each page containing such information. If no claim is made at the time of submission, the Department may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in section 66260.2.
(b) Claims of confidentiality for the name and address of any permit applicant or permittee will be denied.

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 270.12.





s 66270.13. Contents of Part A of the Permit Application.
All applicants for permits shall provide the following information to the Department using the Part A application (Application for a Hazardous Waste Permit, Form EPA 8700-23, revised 1/90) form provided by the Department:
(a) the activities conducted by the applicant which require it to obtain a permit;
(b) name, mailing address, and location, including latitude and longitude of the facility for which the application is submitted;
(c) up to four SIC Codes which best reflect the principal products or services provided by the facility;
(d) the operator's name, address, telephone number, ownership status, and status as Federal, State, private, public, or other entity;
(e) the name, address, and phone number of the owner of the facility;
(f) whether the facility is located on Indian lands;
(g) an indication of whether the facility is new or existing and whether it is a first or revised application;
(h) for existing facilities, (1) a scale drawing of the facility showing the location of all past, present, and future treatment, storage, and disposal areas; and (2) photographs of the facility clearly delineating all existing structures; existing treatment, storage, and disposal areas; and sites of future treatment, storage, and disposal areas;
(i) a description of the processes to be used for transferring,treating, storing, and disposing of hazardous waste, and the design capacity of these items;
(j) a specification of the hazardous wastes listed or designated under chapter 11 of this division to be transferred, treated, stored, or disposed of at the facility, an estimate of the quantity of such wastes to be transferred, treated, stored, or disposed annually, and a general description of the processes to be used for such wastes;
(k) a listing of all permits or construction approvals received or applied for under any of the following programs:
(1) hazardous Waste Management program under RCRA (42 U.S.C. commencing with section 6921 or the Health and Safety Code commencing with section 25100);
(2) UIC program under the federal SDWA (42 U.S.C. 6924);
(3) NPDES program under the federal CWA (33 U.S.C. 1342);
(4) prevention of Significant Deterioration (PSD) program under the federal Clean Air Act (42 U.S.C. 7401 et seq.);
(5) nonattainment program under the federal Clean Air Act (42 U.S.C. 7501-7502);
(6) national Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the federal Clean Air Act (42 U.S.C. 7412);
(7) ocean dumping permits under the Federal Marine Protection Research and Sanctuaries Act (33 U.S.C. section 1401, et. seq.);
(8) dredge or fill permits under section 404 of the federal CWA (33 U.S.C. 1344);
(9) other relevant environmental permits;
(l) a topographic map extending one mile beyond the property boundaries of the source, depicting the facility and each of its intake and discharge structures; each of its hazardous waste transfer, treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; each building and its use; and those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant within 1/4 mile of the facility property boundary;
(m) a brief description of the nature of the business.
(n) For hazardous debris, a description of the debris category(ies) and contaminant category(ies) to be treated, stored, or disposed of at the facility.

Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 270.13.





s 66270.14. Contents of Part B: General Requirements.
(a) Part B of the permit application consists if the general information requirements of this section, and the specific information requirements in sections 66270.14 through 66270.23 applicable to the facility. The Part B information requirements presented in sections 66270.14 through 66270.23 reflect the standards promulgated in chapter 14 of this division. These information requirements are necessary in order for the Department to determine compliance with the chapter 14 standards. If owners and operators of hazardous waste management facilities can demonstrate that the information prescribed in Part B cannot be provided to the extent required, the Department may make allowance for submission of such information on a case-by-case basis. Information required in Part B shall be submitted to the Department and signed in accordance with requirements in section 66270.11. Certain technical data, such as design drawings and specifications, and engineering studies shall be certified by an independent, qualified professional engineer registered in California. Geologic plans, specifications, reports or documents shall be prepared by or under the direction of, and shall be certified by, a geologist registered in California. Calculations and technical data supporting the certification need not be submitted with Part B but shall be retained by the owner or operator and be available for review by the Department. (continued)