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(continued)
(B) The double liner and leak (leachate) detection, collection, and removal system, if the landfill shall meet the requirements of section 66264.301(c) of this chapter. If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by section 66264.301(d), (e), or (l) of this chapter, submit appropriate information;
(C) If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system;
(D) The construction quality assurance (CQA) plan if required under section 66264.19 of this chapter;
(E) Proposed action leakage rate, with rationale, if required under section 66264.302 of this chapter, and response action plan, if required under section 66264.303 of this chapter;
(2) control of run-on;
(3) control of run-off;
(4) management of collection and holding facilities associated with run-on and run-off control systems; and
(5) control of wind dispersal of particulate matter, where applicable;
(c) if a double liner and leak detection system is required, as provided by section 66264.301(a), the owner or operator shall submit detailed plans and an engineering report explaining the location of the saturated zone in relation to the landfill, the design of a double-liner system that incorporates a leak detection system between the liners, and a leachate collection and removal system above the liners;
(d) a description of how each landfill, including the double liner and cover system, leachate collection and removal system, leak detection system, cover system, and appurtenances for control of run-on and run-off, will be inspected in order to meet the requirements of section 66264.303(a), (b) and (c) of this chapter. This information shall be included in the inspection plan submitted under section 66270.14(b)(5);
(e) detailed plans and an engineering report describing the final cover which will be applied to each landfill or landfill cell at closure in accordance with section 66264.310(a), and a description of how each landfill will be maintained and monitored after closure in accordance with section 66264.310(b). This information shall be included in the closure and post-closure plans submitted under section 66270.14(b)(13);
(f) if ignitable or reactive wastes will be landfilled, an explanation of how the standards of section 66264.312 will be complied with;
(g) if incompatible wastes, or incompatible wastes and materials will be landfilled, an explanation of how section 66264.313 will be complied with;
(h) if containers of hazardous waste are to be landfilled, an explanation of how the requirements of section 66264.315 or section 66264.316, as applicable, will be complied with;
(i) a waste management plan for EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027 describing how a landfill is or will be designed, constructed, operated, and maintained to meet the requirements of section 66264.317. This submission shall address the following items as specified in section 66264.317:
(1) the volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
(2) the attenuative properties of underlying and surrounding soils or other materials;
(3) the mobilizing properties of other materials co-disposed with these wastes; and
(4) the effectiveness of additional treatment, design, or monitoring techniques.

Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 270.21.





s 66270.22. Specific Part B Information Requirements for Boilers and Industrial Furnaces Burning Hazardous Waste.
(a) Trial burns-(1) General. Except as provided below, owners and operators that are subject to the standards to control organic emissions provided by section 66266.104 of chapter 16, standards to control particulate matter provided by section 66266.105 of chapter 16, standards to control metals emission provided by section 66266.106 of chapter 16, or standards to control hydrogen chloride or chlorine gas emissions provided by section 66266.107 of chapter 16 shall conduct a trial burn to demonstrate conformance with those standards and shall submit a trial burn plan or the results of a trial burn, including all required determinations, in accordance with section 66270.66 of this chapter.
(A) A trial burn to demonstrate conformance with a particular emission standard may be waived under provisions of sections 66266.104 through 66266.107 of chapter 16 and subsections (a)(2) through (a)(5) of this section; and
(B) The owner or operator may submit data in lieu of a trial burn, as prescribed in subsection (a)(6) of this section.
(2) Waiver of trial burn for DRE-(A) Boilers operated under special operating requirements. When seeking to be permitted under sections 66266.104(a)(4) and 66266.110 of chapter 16 that automatically waive the DRE trial burn, the owner or operator of a boiler shall submit documentation that the boiler operates under the special operating requirements provided by section 66266.110 of chapter 16.
(B) Boilers and industrial furnaces burning low risk waste. When seeking to be permitted under the provisions for low risk waste provided by sections 66266.104(a)(5) and 66266.109(a) of chapter 16 that waive the DRE trial burn, the owner or operator shall submit:
1. Documentation that the device is operated in conformance with the requirements of section 66266.109(a)(1) of chapter 16.
2. Results of analyses of each waste to be burned, documenting the concentrations of nonmetal compounds listed in appendix VIII of chapter 11, except for those constituents that would reasonably not be expected to be in the waste. The constituents excluded from analysis shall be identified and the basis for their exclusion explained. The analysis shall rely on analytical techniques specified in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (incorporated by reference, see section 66260.11).
3. Documentation of hazardous waste firing rates and calculations of reasonable, worst-case emission rates of each constituent identified in subsection (a)(2)(B)2. of this section using procedures provided by section 66266.109(a)(2)(B) of chapter 16.
4. Results of emissions dispersion modeling for emissions identified in subsections (a)(2)(B)3. of this section using modeling procedures prescribed by section 66266.106(h) of chapter 16. The Director will review the emission modeling conducted by the applicant to determine conformance with these procedures. The Director will either approve the modeling or determine that alternate or supplementary modeling is appropriate.
5. Documentation that the maximum annual average ground level concentration of each constituent identified in subsection (a)(2)(B)2. of this section quantified in conformance with subsection (a)(2)(B)4. of this section does not exceed the allowable ambient level established in appendices IV or V of chapter 16. The acceptable ambient concentration for emitted constituents for which a specific Reference Air Concentration has not been established in appendix IV or Risk-Specific Dose has not been established in appendix V is 0.1 micrograms per cubic meter, as noted in the footnote to appendix IV.
(3) Waiver of trial burn for metals. When seeking to be permitted under the Tier I (or adjusted Tier I) metals feed rate screening limits provided by section 66266.106 (b) and (e) of chapter 16 that control metals emissions without requiring a trial burn, the owner or operator shall submit:
(A) Documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feed stocks;
(B) Documentation of the concentration of each metal controlled by section 66266.106 (b) or (e) of chapter 16 in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of each metal;
(C) Documentation of how the applicant will ensure that the Tier I feed rate screening limits provided by section 66266.106 (b) or (e) of chapter 16 will not be exceeded during the averaging period provided by that subsection;
(D) Documentation to support the determination of the terrain- adjusted effective stack height, good engineering practice stack height, terrain type, and land use as provided by section 66266.106(b)(3) through (b)(5) of chapter 16;
(E) Documentation of compliance with the provisions of section 66266.106(b)(6), if applicable, for facilities with multiple stacks;
(F) Documentation that the facility does not fail the criteria provided by section 66266.106(b)(7) for eligibility to comply with the screening limits; and
(G) Proposed sampling and metals analysis plan for the hazardous waste, other fuels, and industrial furnace feed stocks.
(4) Waiver of trial burn for particulate matter. When seeking to be permitted under the low risk waste provisions of section 66266.109(b) which waives the particulate standard (and trial burn to demonstrate conformance with the particulate standard), applicants shall submit documentation supporting conformance with subsections (a)(2)(B) and (a)(3) of this section.
(5) Waiver of trial burn for HCl and Cl 2. When seeking to be permitted under the Tier I (or adjusted Tier I) feed rate screening limits for total chloride and chlorine provided by section 66266.107(b)(1) and (e) of chapter 16 that control emissions of hydrogen chloride (HCl) and chlorine gas (Cl 2) without requiring a trial burn, the owner or operator shall submit:
(A) Documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feed stocks;
(B) Documentation of the levels of total chloride and chlorine in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of total chloride and chlorine;
(C) Documentation of how the applicant will ensure that the Tier I (or adjusted Tier I) feed rate screening limits provided by section 66266.107 (b)(1) or (e) of chapter 16 will not be exceeded during the averaging period provided by that subsection;
(D) Documentation to support the determination of the terrain- adjusted effective stack height, good engineering practice stack height, terrain type, and land use as provided by section 66266.107(b)(3) of chapter 16;
(E) Documentation of compliance with the provisions of section 66266.107(b)(4), if applicable, for facilities with multiple stacks;
(F) Documentation that the facility does not fail the criteria provided by section 66266.107(b)(3) for eligibility to comply with the screening limits; and
(G) Proposed sampling and analysis plan for total chloride and chlorine for the hazardous waste, other fuels, and industrial furnace feedstocks.
(6) Data in lieu of trial burn. The owner or operator may seek an exemption from the trial burn requirements to demonstrate conformance with sections 66266.104 through 66266.107 of chapter 16 and section 66270.66 by providing the information required by section 66270.66 from previous compliance testing of the device in conformance with section 66266.103 of chapter 16, or from compliance testing or trial or operational burns of similar boilers or industrial furnaces burning similar hazardous wastes under similar conditions. If data from a similar device is used to support a trial burn waiver, the design and operating information required by section 66270.66 shall be provided for both the similar device and the device to which the data is to be applied, and a comparison of the design and operating information shall be provided. The Director shall approve a permit application without a trial burn if the Director finds that the hazardous wastes are sufficiently similar, the devices are sufficiently similar, the operating conditions are sufficiently similar, and the data from other compliance tests, trial burns, or operational burns are adequate to specify (under section 66266.102 of chapter 16) operating conditions that will ensure conformance with section 66266.102(c) of chapter 16. In addition, the following information shall be submitted:
(A) For a waiver from any trial burn:
1. A description and analysis of the hazardous waste to be burned compared with the hazardous waste for which data from compliance testing, or operational or trial burns are provided to support the contention that a trial burn is not needed;
2. The design and operating conditions of the boiler or industrial furnace to be used, compared with that for which comparative burn data are available; and
3. Such supplemental information as the Director finds necessary to achieve the purposes of this subsection.
(B) For a waiver of the DRE trial burn, the basis for selection of POHCs used in the other trial or operational burns which demonstrate compliance with the DRE performance standard in section 66266.104(a) of chapter 16. This analysis should specify the constituents in appendix VIII, of chapter 11, that the applicant has identified in the hazardous waste for which a permit is sought, and any differences from the POHCs in the hazardous waste for which burn data are provided.
(b) Alternative HC limit for industrial furnaces with organic matter in raw materials. Owners and operators of industrial furnaces requesting an alternative HC limit under section 66266.104(f) of chapter 16 shall submit the following information at a minimum:
(1) Documentation that the furnace is designed and operated to minimize HC emissions from fuels and raw materials;
(2) Documentation of the proposed baseline flue gas HC (and CO) concentration, including data on HC (and CO) levels during tests when the facility produced normal products under normal operating conditions from normal raw materials while burning normal fuels and when not burning hazardous waste;
(3) Test burn protocol to confirm the baseline HC (and CO) level including information on the type and flow rate of all feedstreams, point of introduction of all feedstreams, total organic carbon content (or other appropriate measure of organic content) of all nonfuel feedstreams, and operating conditions that affect combustion of fuel(s) and destruction of hydrocarbon emissions from nonfuel sources;
(4) Trial burn plan to:
(A) Demonstrate that flue gas HC (and CO) concentrations when burning hazardous waste do not exceed the baseline HC (and CO) level; and
(B) Identify the types and concentrations of organic compounds listed in appendix VIII of chapter 11, that are emitted when burning hazardous waste in conformance with procedures prescribed by the Director;
(5) Implementation plan to monitor over time changes in the operation of the facility that could reduce the baseline HC level and procedures to periodically confirm the baseline HC level; and
(6) Such other information as the Director finds necessary to achieve the purposes of this subsection.
(c) Alternative metals implementation approach. When seeking to be permitted under an alternative metals implementation approach under section 66266.106(f) of chapter 16, the owner or operator shall submit documentation specifying how the approach ensures compliance with the metals emissions standards of section 66266.106(c) or (d) and how the approach can be effectively implemented and monitored. Further, the owner or operator shall provide such other information that the Director finds necessary to achieve the purposes of this subsection.
(d) Automatic waste feed cutoff system. Owners and operators shall submit information describing the automatic waste feed cutoff system, including any pre-alarm systems that may be used.
(e) Direct transfer. Owners and operators that use direct transfer operations to feed hazardous waste from transport vehicles (containers, as defined in section 66266.111 of chapter 16) directly to the boiler or industrial furnace shall submit information supporting conformance with the standards for direct transfer provided by section 66266.111 of chapter 16.
(f) Residues. Owners and operators that claim that their residues are excluded from regulation under the provisions of section 66266.112 of chapter 16 shall submit information adequate to demonstrate conformance with those provisions.

Note: Authority cited: Sections 25150, 25159, 25159.5, 25245, 58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 270.22.





s 66270.23. Specific Part B Information Requirements for Miscellaneous Units.
Except as otherwise provided in section 66264.600, owners and operators of facilities that transfer, treat, store, or dispose of hazardous waste in miscellaneous units shall provide the following additional information:
(a) a detailed description of the unit being used or proposed for use, including the following:
(1) physical characteristics, materials of construction, and dimensions of the unit;
(2) detailed plans and engineering reports describing how the unit will be located, designed, constructed, operated, maintained, monitored, inspected, and closed to comply with the requirements of sections 66264.601 and 66264.602, and
(3) for disposal units, a detailed description of the plans to comply with the post-closure requirements of section 66264.603;
(b) detailed hydrologic, geologic, and meteorologic assessments and land-use maps for the region surrounding the site that address and ensure compliance of the unit with each factor in the environmental performance standards of section 66264.601. If the applicant can demonstrate that the facility does not violate the environmental performance standards of section 66264.601 and the Department agrees with such demonstration, preliminary hydrologic, geologic, and meteorologic assessments will suffice;
(c) information on the potential pathways of exposure of humans or environmental receptors to waste constituents, hazardous constituents and reaction products, and on the potential magnitude and nature of such exposures;
(d) for any treatment unit, a report on a demonstration of the effectiveness of the treatment based on laboratory or field data;
(e) any additional information determined by the Department to be necessary for evaluation of compliance of the unit with the environmental performance standards of section 66264.601.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.23.





s 66270.24. Specific Part B Information Requirements for Process Vents.
Except as otherwise provided in Section 66264.1, owners and operators of facilities that have process vents to which Article 27 of Chapter 14 applies must provide the following additional information:
(a) For facilities that cannot install a closed-vent system and control device to comply with the provisions of 40 CFR 264 subpart AA on the effective date that the facility becomes subject to the provisions of Chapter 14 or 15 Article 27, an implementation schedule as specified in Section 66264.1033(a)(2).
(b) Documentation of compliance with the process vent standards in Section 66264.1032, including:
(1) information and data identifying all affected process vents, annual throughput and operating hours of each affected unit, estimated emission rates for each affected vent and for the overall facility (i.e., the total emissions for all affected vents at the facility), and the approximate location within the facility of each affected unit (e.g., identify the hazardous waste management units on a facility plot plan);
(2) information and data supporting estimates of vent emissions and emission reduction achieved by add-on control devices based on engineering calculations or source tests. For the purpose of determining compliance, estimates of vent emissions and emission reductions must be made using operating parameter values (e.g., temperatures, flow rates, or concentrations) that represent the conditions that exist when the waste management unit is operating at the highest load or capacity level reasonably expected to occur; and
(3) information and data used to determine whether or not a process vent is subject to the requirements of Section 264.1032.
(c) An owner or operator who applies for permission to use a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system to comply with the requirements of Section 66264.1032, and chooses to use test data to determine the organic removal efficiency or the total organic compound concentration achieved by the control device, shall provide a performance test plan as specified in Section 66264.1035(b)(3).
(d) Documentation of compliance with Section 66264.1033, including:
(1) a list of all information references and sources used in preparing the documentation;
(2) records, including the dates of each compliance test required by Section 66264.1033(k);
(3) a design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of "APTI Course 415: Control of Gaseous Emissions" (incorporated by reference as specified in Section 66260.11) or other engineering texts which the Department determines contain basic control device design information which is at least as protective of human health and the environment as APTI Course 415: Control of Gaseous Emissions. The design analysis shall address the vent stream characteristics and control device operation parameters as specified in Section 66264.1035(b)(4)(C);
(4) a statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is or would be operating at the highest load or capacity level reasonably expected to occur; and
(5) a statement signed and dated by the owner or operator certifying that the control device is designed to operate at an efficiency of 95 weight percent or greater unless the total organic emission limits of Section 66264.1032(a) for affected process vents at the facility can be attained by a control device involving vapor recovery at an efficiency less than 95 weight percent.

Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.24.





s 66270.25. Specific Part B Information Requirements for Equipment.
Except as otherwise provided in Section 66264.1, owners and operators of facilities that have equipment to which Article 28 of Chapter 14 applies must provide the following additional information:
(a) For each piece of equipment to which Article 28 of Chapter 14 applies:
(1) equipment identification number and hazardous waste management unit identification;
(2) Approximate locations within the facility (e.g., identify the hazardous waste management unit on a facility plot plan);
(3) type of equipment (e.g., a pump or pipeline valve);
(4) percent by weight total organics in the hazardous waste stream at the equipment;
(5) hazardous waste state at the equipment (e.g., gas/vapor or liquid); and
(6) methods of compliance with the standards (e.g., "monthly leak detection and repair" or "equipped with dual mechanical seals").
(b) For facilities that cannot install a closed-vent system and control device to comply with the provisions of 40 CFR 264 subpart BB on the effective date that the facility becomes subject to the provisions of Chapter 14 or 15, Article 28, an implementation schedule as specified in Section 66264.1033(a)(2).
(c) Where an owner or operator applies for permission to use a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system and chooses to use test data to determine, the organic removal efficiency or the total organic compound concentration achieved by the control device, a performance test plan as specified in Section 966264.1035(b)(3).
(d) Documentation that demonstrates compliance with the equipment standards in Sections 66264.1052 to 66264.1059. This documentation shall contain the records required under Section 66264.1064. The Department may request further documentation before deciding if compliance has been demonstrated.
(e) Documentation to demonstrate compliance with Section 66264.1060 shall include the following information:
(1) a list of information references and sources used in preparing the documentation;
(2) records, including the dates of each compliance test required by Section 66264.1033(j);
(3) a design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of "APTI Course 415: Control of Gaseous Emissions" (incorporated by reference as specified in Section 66260.11) or other engineering texts which the Department determines contain basic control device design information which is at least as protective of human health and environment as APTI Course 415: Control of Gaseous Emissions. The design analysis shall address the vent stream characteristics and control device operation parameters as specified in Section 66264.1035(b)(4)(C);
(4) a statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur;
(5) a statement signed and dated by the owner or operator certifying that the control device is designed to operate at an efficiency of 95 weight percent or greater.
(6) method of compliance with the standard (e.g., "monthly leak detection and repair" or "equipped with dual mechanical seals").

Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.25.





s 66270.26. Special Part B Information Requirements for Drip Pads.
Except as otherwise provided by section 66264.1, owner and operators of hazardous waste transfer, treatment, storage, or disposal facilities that transfer, treat, store, or dispose hazardous waste on drip pads shall provide the following additional information:
(a) A list of hazardous waste placed or to be placed on each drip pad.
(b) Detailed plans and an engineering report describing how the drip pad is or will be designed, constructed, operated and maintained to meet the requirements of section 66264.573, including the as-built drawings and specifications. This submission shall address the following items as specified in section 66264.571:
(1) the design characteristics of the drip pad;
(2) the liner system;
(3) the leakage detection system, including the leak detection system and how it is designed to detect the failure of the drip pad or the presence of any releases of hazardous waste or accumulated liquid at the earliest practicable time;
(4) practices designed to maintain drip pads;
(5) the associated collection system;
(6) control of run-on to the drip pad;
(7) control of run-off from the drip pad;
(8) the interval at which drippage and other materials will be removed from the associated collection system and a statement demonstrating that the interval will be sufficient to prevent overflow onto the drip pad;
(9) procedures for cleaning the drip pad at least once every seven days to ensure the removal of any accumulated residues of waste or other materials, including but not limited to rinsing, washing with detergents or other appropriate solvents, or steam cleaning and provisions for documenting the date, time, and cleaning procedure used each time the pad is cleaned;
(10) operating practices and procedures that will be followed to ensure that tracking of hazardous waste or waste constituents off the drip pad due to activities by personnel or equipment is minimized;
(11) procedures for ensuring that, after removal from the treatment vessel, treated wood from pressure and non-pressure processes is held on the drip pad until drippage had ceased, including recordkeeping practices;
(12) provisions for ensuring that collection and holding units associated with run-on and run-off control systems are emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system;
(13) if treatment is carried out on the drip pad, details of the process equipment used, and the nature and quality of the residuals;
(14) a description of how each drip pad, including appurtenances for control of run-on and run-off, will be inspected in order to meet the requirements of section 66264.573. This information should be included in the inspection plan submitted under section 66270.14(b)(5);
(15) a certification signed by an independent, qualified professional engineer registered in California, stating that the drip pad design meets the requirements of 66264.573(a) through (f);
(16) a description of how hazardous waste residues and contaminated materials will be removed from the drip pad at closure, as required under section 66264.575(a). For any waste not to be removed from the drip pad upon closure, the owner or operator shall submit detailed plans and an engineering report describing how section 66264.310(a) an (b) will be complied with. This information should be included in the closure plan and, where applicable, the post-closure plan submitted under section 66270.14(b)(13).

Note: Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; and Section 58012, Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 270.26.





s 66270.27. Specific Part B Information Requirements for Air Emission Controls for Tanks, Surface Impoundments, and Containers.
(a) Except as otherwise provided in section 66264.1, owners and operators of tanks, surface impoundments, or containers that use air emission controls in accordance with the requirements of section chapter 14, article 30 shall provide the following additional information:
(1) Documentation for each floating roof cover installed on a tank subject to sections 66264.1084(d)(1) or 66264.1084(d)(2) that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the applicable design specifications as listed in sections 66264.1084(e)(1) or 66264.1084(f)(1).
(2) Identification of each container area subject to the requirements of chapter 14, article 30 and certification by the owner or operator that the requirements of this article are met.
(3) Documentation for each enclosure used to control air pollutant emissions from tanks or containers in accordance with the requirements of sections 66264.1084(d)(5) or 66264.1086(e)(1)(B) that includes records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria of a permanent total enclosure as specified in "Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix B.
(4) Documentation for each floating membrane cover installed on a surface impoundment in accordance with the requirements of section 66264.1085(c) that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications listed in section 66264.1085(c)(1)..
(5) Documentation for each closed-vent system and control device installed in accordance with the requirements of section 66264.1087 that includes design and performance information as specified in section 66270.24 (c) and (d).
(6) An emission monitoring plan for both Method 21 in 40 CFR part 60, appendix A and control device monitoring methods. This plan shall include the following information: monitoring point(s), monitoring methods for control devices, monitoring frequency, procedures for documenting exceedances, and procedures for mitigating noncompliances.
(7) When an owner or operator of a facility subject to chapter 15, article 28.5 cannot comply with chapter 14, article 28.5 by the date of permit issuance, the schedule of implementation required under section 66265.1082.
Note: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR section 270.27.




s 66270.29. Permit Denial.
The Department may, pursuant to the procedures in chapter 21, deny the permit application either in its entirety or as to the active life of a hazardous waste management facility or unit only.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.29.





s 66270.30. Conditions Applicable to All Permits.
The following conditions apply to all permits. All conditions applicable to permits shall be incorporated into the permits either expressly or by reference. If incorporated by reference, a specific citation to the appropriate regulations shall be given in the permit.
(a) Duty to comply. The permittee shall comply with all conditions of this permit, except that the permittee need not comply with the conditions of this permit to the extent and for the duration such noncompliance is authorized in an emergency permit. (See section 66270.61). Any permit noncompliance, except under the terms of an emergency permit, constitutes a violation of the appropriate statute or regulation and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.
(b) Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall apply for and obtain a new permit.
(c) Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.
(d) In the event of noncompliance with the permit, the permittee shall take all reasonable steps to minimize or correct releases to the environment, and shall carry out all measures as are reasonable to prevent and correct adverse impacts on human health or the environment.
(e) Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.
(f) Permit actions. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.
(g) Property rights. The permit does not convey any property rights of any sort, or any exclusive privilege.
(h) Duty to provide information. The permittee shall furnish to the Department, within a reasonable time, not to exceed 30 days unless a time extension is approved by the Department, any relevant information which the Department may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Department, upon request, copies of records required to be kept by this permit.
(i) Inspection and entry. The permittee shall allow an authorized representative of the Department, the State Water Resources Control Board or a Regional Water Quality Control Board, upon the presentation of credentials and other documents as may be required by law to:
(1) enter at reasonable times upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;
(2) have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;
(3) inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and
(4) sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by law, any substances or parameters at any location.
(j) Monitoring and records.
(1) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.
(2) The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, the certification required by section 66264.73(b)(9) of this division, and records of all data used to complete the application for this permit, for a period of at least three years from the date of the sample, measurement, report, certification, or application. This period may be extended by request of the Department at any time. The permittee shall maintain records from all groundwater monitoring wells and associated ground water surface elevations, for the active life of the facility, and for disposal facilities for the post-closure care period as well.
(3) Records for monitoring information shall include:
(A) the date, exact place, and time of sampling or measurements;
(B) the name(s) of the individual(s) who performed the sampling or measurements;
(C) the date(s) analyses were performed;
(D) the name(s) of the individual(s) who performed the analyses;
(E) the analytical techniques or methods used; and
(F) the results of such analyses.
(k) Signatory requirements. All applications, reports, or information submitted to the Department shall be signed and certified. (See section 66270.11.)
(l) Reporting requirements. (1) Planned changes. The permittee shall give notice to the Department as soon as possible and at least 30 days in advance of any planned physical alterations or additions to the permitted facility.
(2) Anticipated noncompliance. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. For a new facility, the permittee shall not transfer, treat, store, or dispose of hazardous waste; and for a facility being modified, the permittee shall not transfer, treat, store, or dispose of hazardous waste in the modified portion of the facility except as provided in section 66270.42, until:
(A) the permittee has submitted to the Department by certified mail or hand delivery a letter signed by the permittee and a professional engineer, registered in California, stating that the facility has been constructed or modified in compliance with the permit; and
(B) 1. the Department has inspected the modified or newly constructed facility and finds it is in compliance with the conditions of the permit; or
2. if within 15 days of the date of submission of the letter in subsection (l)(2)(A) of this section, the permittee has not received notice from the Department of the Department's intent to inspect, prior inspection is waived and the permittee may commence transfer, treatment, storage, or disposal of hazardous waste.
(3) Transfers. This permit is not transferable to any person except after notice to the Department. The Department may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary. (See section 66270.40.)
(4) Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere in this permit.
(5) Compliance schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.
(6) Twenty-four hour reporting.
(A) The permittee shall report any noncompliance which may endanger health or the environment orally within 24 hours from the time the permittee becomes aware of the circumstances, including:
1. information concerning release of any hazardous waste that may cause an endangerment to public drinking water supplies;
2. any information of a release or discharge of hazardous waste or of a fire or explosion from the hazardous waste facility, which could threaten the environment or human health outside the facility.
(B) The description of the occurrence and its cause shall include:
1. name, address, and telephone number of the owner or operator;
2. name, address, and telephone number of the facility;
3. date, time, and type of incident;
4. name and quantity of material(s) involved;
5. the extent of injuries, if any;
6. an assessment of actual or potential hazards to the environment and human health outside the facility, where this is applicable; and
7. estimated quantity and disposition of recovered material that resulted from the incident.
(C) A written submission shall also be provided within five days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance including exact dates and times, and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Department may waive the 5-day written notice requirement in favor of a written report within 15 days.
(7) Manifest discrepancy report. If a significant discrepancy in a manifest is discovered, the permittee shall attempt to reconcile the discrepancy. If not resolved within fifteen days, the permittee shall submit a letter report, including a copy of the manifest, to the Department. (See section 66264.72.)
(8) Unmanifested hazardous waste report. This report shall be submitted to the Department within 15 days of receipt of unmanifested waste. (See section 66264.76.)
(9) Annual report. An annual report shall be submitted to the Department covering facility activities during the previous calendar year. (See section 66264.75.)
(10) Other noncompliance. The permittee shall report all instances of noncompliance not reported under subsections (l)(4), (5), and (6) of this section, at the time monitoring reports are submitted. The reports shall contain the information listed in subsection (l)(6) of this section.
(11) Other information. Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application of in any report to the Department, it shall promptly submit such facts or information.
(m) Information repository. For facilities applying for a RCRA permit, the Director may require the permittee to establish and maintain an information repository at any time, based on the factors set forth in section 66271.33(b). The information repository will be governed by the provisions in section 66271.33(c) through (f).

Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.30.





s 66270.31. Requirements for Recording and Reporting of Monitoring Results.
All permits shall specify:
(a) requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods (including biological monitoring methods when appropriate);
(b) required monitoring including type, intervals, and frequency sufficient to yield data which are representative of the monitored activity including, when appropriate, continuous monitoring;
(c) applicable reporting requirements based upon the impact of the regulated activity and as specified in chapters 14 and 16 of this division. Reporting shall be no less frequent than specified in the above regulations.

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 270.31.





s 66270.32. Establishing Permit Conditions.
(a) In addition to conditions required in all permits (section 66270.30), the Department shall establish conditions, as required on a case-by-case basis, in permits under section 66270.50 (duration of permits), section 66270.33(a) (schedules of compliance), section 66270.31 (monitoring), section 66270.33(b) (alternate schedules of compliance), and section 66270.3 (considerations under Federal law).
(b)(1) Each permit shall include permit conditions necessary to achieve compliance with the statutes and regulations, including each of the applicable requirements specified in chapters 14, 16, and 18 of this division. In satisfying this provision, the Department may incorporate applicable requirements of chapters 14, 16 and 18 of this division directly into the permit or establish other permit conditions that are based on these chapters.
(2) In addition to conditions required in all permits, each permit issued shall contain terms and conditions as the Department determines necessary to protect human health and the environment.
(c) An applicable requirement is a statutory or regulatory requirement which takes effect prior to final administrative disposition of a permit or prior to the modification or revocation and reissuance of a permit, to the extent allowed in section 66270.41. Section 66271.13 (reopening of comment period) provides a means for reopening permit proceedings at the discretion of the Department where new requirements become effective during the permitting process and are of sufficient magnitude to make additional proceedings desirable.
(d) New or reissued permits, and to the extent allowed under section 66270.41, modified or revoked and reissued permits, shall incorporate each of the applicable requirements referenced in this section and in section 66270.31.
(e) Incorporation. All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements shall be given in the permit.

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 270.32.





s 66270.33. Schedules of Compliance.
(a) The permit may, when appropriate, specify a schedule of compliance leading to compliance with the statutes and regulations.
(1) Time for compliance. Any schedules of compliance under this section shall require compliance as soon as possible.
(2) Interim dates. Except as provided in subsection (b)(1)(B) of this section, if a permit establishes a schedule of compliance which exceeds one year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement.
(A) The time between interim dates shall not exceed one year.
(B) If the time necessary for completion of any interim requirement is more than one year and is not readily divisible into stages for completion, the permit shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.
(3) Reporting. The permit shall be written to require that no later than 14 days following each interim date and the final date of compliance, the permittee shall notify the Department in writing, of its compliance or noncompliance with the interim or final requirements.
(b) Alternative schedules of compliance. A permit applicant or permittee may cease conducting regulated activities (by receiving a terminal volume of hazardous waste and, for transfer, treatment and storage hazardous waste management facilities, closing pursuant to applicable requirements; and, for disposal hazardous waste management facilities, closing and conducting post-closure care pursuant to applicable requirements) rather than continue to operate and meet permit requirements as follows.
(1) If the permittee decides to cease conducting regulated activities at a given time within the term of a permit which has already been issued:
(A) the permit may be modified to contain a new or additional schedule leading to timely cessation of activities; or
(B) the permittee shall cease conducting permitted activities before noncompliance with any interim or final compliance schedule requirement already specified in the permit.
(2) If the decision to cease conducting regulated activities is madebefore issuance of a permit whose term will include the termination date, the permit shall contain a schedule leading to termination which will ensure timely compliance with applicable requirements. (continued)