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s 67004. Closure Trust Fund.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159.5, 25245 and 25246, Health and Safety Code.
s 67005. Surety Bond Guaranteeing Payment into a Closure Trust Fund.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67006. Surety Bond Guaranteeing Performance of Closure.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67007. Closure Letter of Credit.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67008. Closure Insurance.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67009. Financial Test and Corporate Guarantee for Closure.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67010. Alternative Financial Mechanism for Closure Costs.
Note: Authority cited: Sections 208, 25150 and 25245, Health and Safety Code. Reference: Sections 25245 and 25246, Health and Safety Code.
s 67011. Use of Multiple Financial Mechanisms for Closure Costs.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67012. Use of One Financial Mechanism for Multiple Facilities for Closure Costs.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67013. Release from Financial Assurance Requirements for Closure Costs.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67014. Cost Estimate for Post-Closure Care and Maintenance.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67015. Financial Assurance for Post-Closure Care.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67016. Post-Closure Trust Fund.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67017. Surety Bond Guaranteeing Payment into a Post-Closure Trust Fund.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67018. Surety Bond Guaranteeing Performance of Post-Closure Care.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67019. Post-Closure Letter of Credit.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67020. Post-Closure Insurance.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67021. Financial Test and Corporate Guarantee for Post-Closure Care.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67022. Alternative Financial Mechanism for Post-Closure Care.
Note: Authority cited: Sections 208, 25150 and 25245, Health and Safety Code. Reference: Sections 25245 and 25246, Health and Safety Code.
s 67023. Use of Multiple Financial Mechanisms for Post-Closure Care.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67024. Use of Single Financial Mechanism for Multiple Facilities for Post-Closure Care.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67025. Release from Financial Assurance Requirements for Post-Closure Care.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67026. Use of a Mechanism for Financial Assurance of Both Closure and Post-Closure Care.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67027. Liability Requirements: Coverage for Sudden Accidental Occurrences.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67028. Liability Requirements: Coverage for Nonsudden Accidental Occurrences.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67029. Liability Insurance.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67030. Financial Test for Liability Coverage.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code.
s 67031. Liability Coverage -Alternative Mechanism.
Note: Authority cited: Sections 208, 25150 and 25245, Health and Safety Code. Reference: Sections 25245 and 25246, Health and Safety Code.
s 67032. Period of Coverage.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 2519, 25245 and 25246, Health and Safety Code.
s 67033. Incapacity of Owners or Operators, Guarantors or Financial Institutions.
Note: Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 5245 and 25246, Health and Safety Code.
s 67034. Financial Assurance for Closure of Transportable Treatment Units Which Are Permitted by Rule.
Note: Authority cited: Section 208, Health and Safety Code.Reference: Sections 25150, 25200.2 and 25245, Health and Safety Code.
s 67035. Liability Requirements: Coverage for Sudden Accidental Occurrences for Transportable Treatment Units Which Are Permitted by Rule.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25150, 25200.2 and 25245, Health and Safety Code.
s 67100. EPA Identification Number.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67100.1. Definitions.
For the purpose of this article, the following definitions shall apply:
(a) "Appropriate local agency" means a county, city, or regional association which has adopted a hazardous waste management plan pursuant to Article 3.5, Chapter 6.5, Division 20, Health and Safety code (commencing with section 25135).
(b) "Baseline year" is any of the following, whichever is applicable:
(1) For a generator's initial report, the baseline year is the calendar year, selected by the generator, for which substantial hazardous waste generation, or onsite or offsite management data is available, except the generator may select the current reporting year as the baseline year for the initial report.
(2) For all subsequent reports, the baseline year is the reporting year of the immediately preceding report.
(c) "Concentration" means the amount of a given substance in a stated unit of mixture, solution or waste. For purposes of this article it also means the range of components typically found in the waste.
(d) "Hazardous waste management approaches" means methods and techniques of controlling the generation and handling of hazardous waste, including source reduction, recycling, and treatment of hazardous waste.
(e) "Hazardous waste management performance report" or "report" means the report required by section 67100.7(a) of these regulations to document and evaluate the results of hazardous waste management practices.
(f) "Laboratory" means a facility where the "laboratory use of hazardous chemicals" occurs. It is a workplace where relatively small quantities of hazardous chemicals are used on a non-production basis.
(g) "Laboratory scale" means work with substances in which the containers used for reactions, transfers, and other handling of substances are designed to be easily and safely manipulated by one person. "Laboratory scale" excludes those workplaces whose function is to produce commercial quantities of material.
(h) "Laboratory use of hazardous chemicals" means handling or use of such materials in which all of the following conditions are met:
(1) Chemical manipulations are carried out on a "laboratory scale";
(2) Multiple chemical procedures or chemicals are used; and
(3) The procedures involved are not part of a production process, nor in any way simulate a production process.
(i) "Motor vehicle fluids" includes all fluids associated with the operation of a vehicle that is self propelled, for example, transmission oil, hydraulic fluid, brake fluid, antifreeze, power steering fluid, and gasoline.
(j) "Numerical Goal" means a single numerical percentage reflecting an estimate of the source reduction the generator could optimally strive to achieve over a four-year period.
(k) "Reporting year" is the calendar year immediately preceding the year in which plans, reports, and compliance checklist are to be prepared.
(l) "Routinely generated" means:
(1) Hazardous and extremely hazardous wastes that result from ongoing processes or operations.
(2) Hazardous wastes generated from regularly scheduled maintenance or production activities performed less frequently than once a year.
(m) "Small business" means "small business" as defined in Government Code, section 11342(e).
(n) "Source reduction" means one of the following:
(1) Any action which causes a net reduction in the generation of hazardous waste.
(2) Any action taken before the hazardous waste is generated that results in lessening of the properties which cause it to be classified as a hazardous waste.
(o) "Source reduction evaluation review and plan" or "review and plan" or "plan" means a review conducted by the generator of the processes, operations, and procedures in use at a generator's site, required pursuant to section 67100.4(a) completed according to the format established by the Department of Toxic Substances Control in section 67100.5. Plans do both of the following:
(1) Determine any alternatives to, or modifications of, the generator's processes, operations, and procedures that may be implemented to reduce the amount of hazardous waste generated.
(2) Include a plan to document and implement source reduction measures for the hazardous wastes specified in paragraph (1) which are technically feasible and economically practicable for the generator, including a reasonable implementation schedule.
Note: Authority cited: Sections 25150, 25244.15 and 58012, Health and Safety Code. Reference: Sections 25205.1, 25244.12 et seq., 25244.14, 25244.19, 25244.20 and 25501, Health and Safety Code; and Section 11342, Government Code.
s 67100.2. Applicability.
(a) This article applies to generators who, by site, routinely generate, through ongoing processes and operations, more than 12,000 kilograms of hazardous waste in the reporting year, or more than 12 kilograms of extremely hazardous waste in a reporting year.
(b) A generator may petition the Department of Toxic Substances Control in writing to exempt a hazardous waste stream. The generator shall provide documentation to demonstrate that no source reduction opportunities exist for the requested waste stream exemption. The Department shall public notice the proposed acceptance of any exemption petition. A minimum of 45 days shall be provided for public review and comment prior to the Department of Toxic Substances Control rendering any determination on a petition.
(c) The following hazardous wastes shall not be included in calculating the volume, or comparable weight of waste produced and are not subject to this article:
(1) The following exempted hazardous waste streams:
(A) Motor vehicle fluids and motor vehicle filters.
(B) Lead acid batteries.
(C) Household hazardous wastes, wastes from household collection events and wastes separated at community landfills.
(D) Waste pesticides and pesticide containers collected by County agricultural commissioners.
(E) Spent munitions and ordnance.
(F) Decommissioned utility poles.
(G) Oil generated from decommissioned refrigeration units.
(H) Mercury relays and low-level radioactive tubes generated from removal of telephone equipment.
(I) Lighting wastes including ballasts and fluorescent tubes.
(2) The following hazardous waste streams that are not routinely generated:
(A) Waste from site cleanup and mitigation activities including remedial investigations.
(B) Samples and evidence from enforcement actions.
(C) Asbestos.
(D) PCBs
(E) Formation fluids and solids from oil, gas and geothermal exploration and field development.
(F) Demolition waste/major renovation waste.
(G) Waste generated from emergency response actions.
(H) Waste generated from laboratory scale research.
(3) Medical Waste.
(d) When there is a change in ownership of the business, institution, or facility, the new owner shall have six months from the date of purchase to amend or rewrite the plan and the report. If the new owner fails to revise the plan and report during this time, the existing plan and report shall remain in effect.
(e) When there is a change in the state or federal analysis and testing criteria which causes additional materials to be classified as hazardous waste, these newly classified hazardous wastes shall be considered in calculating the volume, or comparable weight of hazardous waste produced at the generator's site starting the next reporting year.
(f) Any generator that is a small business may complete the forms contained in the documents listed below and include sections 1, 3, 4, 5, and 6 of the Compliance Checklist Form, September 1993, or January 1997, as the plan. Documents for specific industries are available from the Department of Toxic Substances Control. The generator's most recent biennial report, as required by section 66262.41 can be used as the report required by this article. The following are available from the Department of Toxic Substances Control and are hereby incorporated by reference:
(1) Waste Audit Study - Automotive Repairs, May, 1987
(2) Waste Audit Study - Automotive Paint Shops, January, 1987
(3) Waste Audit Study - General Medical and Surgical Hospitals, August, 1988
(4) Waste Audit Study - Paint Manufacturing Industry, April, 1987
(5) Waste Audit Study - Drug Manufacturing and Processing Industry, May, 1989
(6) Waste Audit Study - Metal Finishing Industry, May, 1988
(7) Waste Audit Study - Pesticide Formulating Industry, November, 1987
(8) Waste Audit Study - Research and Educational Institutions, August, 1988
(9) Waste Audit Study - Photoprocessing Industry, April, 1989
(10) Waste Audit Study - Fiberglass-Reinforced and Composite Plastic Products, April, 1989
(11) Waste Audit Study - Marineyards for Maintenance and Repair, August, 1989
(12) Waste Audit Study - Building Construction Industry, May, 1990
(13) Waste Audit Study - Fabricated Metal Products Industry, August, 1989
(14) Waste Audit Study - Gold, Silver, Platinum and Other Precious Metals Product and Reclamation, June, 1990
(15) Waste Audit Study - Mechanical Equipment Repair Shops, May, 1990
(16) Hazardous Waste Reduction Assessment Handbook - Auto Repair Shops, October, 1988
(17) Hazardous Waste Reduction Checklist - Auto Repair Shops, October, 1988
(18) Hazardous Waste Reduction Checklist & Assessment Manual for the Metal Finishing Industry, September, 1989
(19) Waste Audit Study - Printed Circuit Board Manufacturers, June, 1987
(20) Waste Audit Study - Commercial Printing Industry, May, 1989
(21) Waste Audit Study - Thermal Metal Working Industry, December, 1990
(22) Hazardous Waste Reduction Checklist & Assessment Manual for Pesticide Formulators, June, 1990
(23) Facility Pollution Prevention Guide, EPA/600/R-92/088, May, 1992
(g) Any generator that is a small business may alternatively complete the Compliance Checklist Form, September 1993, or January 1997, developed by the Department of Toxic Substances Control as the plan.
(h) If a generator owns or operates multiple sites with similar processes, operations, and wastes the generator may prepare a single multisite review and plan, report, or compliance checklist addressing all of these sites.
(i) If a generator owns a large site with multiple operations that are managed as independent businesses, the generator may prepare a separate review and plan, report, or compliance checklist for each independently managed business at the site.
(j) Generators subject to the requirements of this article pursuant to sections 67100.4(a) and 67100.7(a) may prepare a single document combining the requirements for the plan and the report.
Note: Authority cited: Sections 25150, 25244.15 and 58012, Health and Safety Code. Reference: Sections 25177.5, 25244.12 et seq., 25244.15, 25244.16, 25244.19 and 25244.20, Health and Safety Code.
s 67100.3. Availability Requirements.
(a) Every generator shall retain a copy of the current review and plan, report, summary progress report and compliance checklist at each site, or, for a multisite at a central location, and upon request, shall make it available to any authorized representative of the Department of Toxic Substances Control and any other officer or agency conducting an inspection pursuant to Section 25185 of the Health and Safety Code.
(b) A copy of the plan, report and summary progress report and compliance checklist shall be made available locally for public review. This may be accomplished by making documents available at the generator's facility, at a public library or at the offices of any local governmental agency which is willing to act as a repository for this information. If any of the above documents contain trade secrets, then a copy which excludes trade secrets shall be made available locally for public review.
Note: Authority cited: Sections 25150, 25244.15 and 58012, Health and Safety Code. Reference: Sections 25185, 25244.12 et seq., 25244.13, 25244.18, 25244.21 and 25244.23, Health and Safety Code.
s 67100.4. Plan.
(a) On or before September 1, 1991 and every four years thereafter that hazardous or extremely hazardous waste generation exceeds the thresholds in section 67100.2(a) of these regulations, each generator shall conduct a source reduction evaluation review and plan pursuant to section 67100.5 of these regulations.
(b) Except as provided in sections 67100.2(h) and 67100.2(i) of these regulations, a source reduction evaluation review and plan shall be prepared for each site.
(c) At the time a review and plan is submitted to the Department, the generator shall certify that the generator has implemented, is implementing, or will be implementing, the source reduction measures identified in the review and plan according to the implementation schedule contained in the review and plan. A generator may determine not to implement a source reduction measure selected in section 67100.5(m) of these regulations only if the generator determines, upon conducting further analysis or due to unexpected circumstances, that the selected measure is not technically feasible or economically practicable, or if attempts to implement that measure reveal that the measure would result in, or has resulted in, any of the following:
(1) An increase in the generation of hazardous waste.
(2) An increase in release of hazardous chemicals to other environmental media.
(3) Adverse impacts on product quality.
(4) A significant increase in the risk of an adverse impact to human health or the environment.
(d) If the generator elects not to implement the review and plan, including, but not limited to, a selected measure pursuant to section 67100.5(m) of these regulations, the generator shall amend its review and plan within 90 days to reflect this rejection and include in the review and plan proper documentation identifying the rationale for this rejection.
Note: Authority cited: Sections 25150 and 25244.15, Health and Safety Code; and section 58012, Governor's Reorganization Plan, No. 1 of 1991. Reference: Section 25244.19, Health and Safety Code.
s 67100.5. Plan Format.
Except as provided in section 67100.2(f) of these regulations, generators subject to the requirements of this article pursuant to section 67100.2(a), shall prepare a plan with sufficient detail to convey an understanding of the source reduction evaluation review and analysis performed, using narratives, photographs, illustrations, figures or data as necessary, which includes, but is not limited to, all of the following:
(a) Name and location of the site, telephone number and Identification Number.
(b) Four digit SIC codes applicable to activities at the site.
(c) Type of business or activity conducted at each site.
(d) Length of time the company has been in business at the present site.
(e) Major products manufactured or services provided and, if necessary to convey an understanding of the business, their general applications or examples of their applications or end use.
(f) Number of employees.
(g) A general description of site operations with corresponding block diagrams focusing on quantity and type of hazardous wastes, raw materials, and final products produced at the site.
(h) Identification of all routinely generated hazardous waste streams in the current reporting year which result from ongoing processes or operations that have a yearly volume, or comparable weight exceeding five percent of the total yearly volume, or comparable weight of hazardous waste generated at the site, or, for extremely hazardous waste, five percent of the total yearly volume, or comparable weight generated at the site. Similar industrial processes or institutional activities generating similar wastes (with the same California Waste Codes) shall be considered a single waste stream for purposes of this subsection.
(i) All of the following information for each hazardous waste stream identified in subsection (h) of this section:
(1) An estimate of the weight, in pounds of hazardous waste generated.
(2) The applicable California waste code.
(3) The processes, operations and activities generating the waste(s), with corresponding block diagrams to illustrate the basis of generation including a listing of all input materials which contribute to the generation of hazardous or extremely hazardous waste (this is not meant to be a mass balance).
(j) An evaluation of source reduction measures available to the generator which are potentially viable. The evaluation shall consider at least all of the following approaches:
(1) Input changes.
(2) Operational improvement.
(3) Production process changes.
(4) Product reformulation.
(5) Administrative steps taken to reduce hazardous waste generation including but not limited to:
(A) Inventory control;
(B) Employee award programs;
(C) Employee training;
(D) In-house policies;
(E) Corporate or management commitment; and
(F) Other programs or measures.
(k) Consideration of the following factors for each measure evaluated in accordance with subsection (j) of this section (where a specific factor does not apply identify as N/A):
(1) Expected change in the amount of hazardous waste generated;
(2) Technical feasibility;
(3) Economic evaluation:
(A) Capital cost, operating cost, waste management cost;
(B) Return on investment (ROI), breakdown point, avoided cost, pretax payback period, or any other economic comparison method;
(4) Effects on product quality;
(5) Employee health and safety implications;
(6) Permits, variances, compliance schedules or applicable state local and federal agencies;
(7) Releases and discharges.
(l) Any pertinent information, such as waste stream constituents and concentration of constituents, needed to evaluate and implement source reduction measures.
(m) A specification of, and a rationale for, the technically feasible and economically practicable source reduction measures which will be taken by the generator with respect to each hazardous waste stream identified in subsection (h) of this section. The specification should include at a minimum, a narrative description of the factors in subsection (k) of this section and also address system capacity and efficiency. Photographs, illustrations, figures or data should be used to convey an understanding of the source reduction measure in sufficient detail to allow transfer of the measure to other generators with similar processes or procedures.
(n) An evaluation, and, to the extent practicable, a qualification of the effects of any source reduction measure selected in subsection (m) on emissions and discharges to air, water, or land.
(o) A list of each measure considered but not selected for a detailed evaluation as a potentially viable source reduction measure. For each measure rejected, explain the generator's rationale. This list shall be supplemented for waste streams where no measures were identified with a narrative demonstrating the good faith efforts undertaken to identify measures.
(p) A timetable for making reasonable and measurable progress towards implementation of the selected source reduction measures specified in subsection (m) of this section. It shall also include an implementation schedule for completing the evaluation of potentially viable source reduction measures and it shall prioritize processes and wastes for future research, development and source reduction analysis.
(q) All plans prepared after January 1, 1993 shall contain a four-year numerical goal for reducing the generation of hazardous waste streams through the selected source reduction measures specified in subsection (m) of this section.
Note: Authority cited: Sections 25150, 25244.15, 25244.16 and 58012, Health and Safety Code. Reference: Sections 25244.12 et seq. and 25244.19, Health and Safety Code.
s 67100.6. Plan Summary Format.
Note: Authority cited: Sections 25150, 25244.15, 25244.16 and 58012, Health and Safety Code. Reference: Section 25244.19, Health and Safety Code.
s 67100.7. Report.
(a) On or before September 1, 1991, and every four years thereafter that hazardous or extremely hazardous waste generation exceeds the thresholds in section 67100.2(a) of these regulations, each generator shall prepare a hazardous waste management performance report pursuant to section 67100.8 of these regulations.
(b) Except as provided in sections 67100.2(h) and 67100.2(i) of these regulations, the hazardous waste management performance report shall be prepared for each site.
Note: Authority cited: Sections 25150 and 25244.15, Health and Safety Code; and section 58012, Governor's Reorganization Plan, No. 1 of 1991. Reference: Section 25244.20, Health and Safety Code.
s 67100.8. Report Format.
(a) Except as provided in section 67100.2(f) of these regulations and in subsection (b) of this section, each generator shall prepare a report with sufficient detail to convey an understanding of the hazardous waste management approaches used at the site, using narratives, photographs, illustrations, figures or data as necessary, which includes, at a minimum, all of the following:
(1) Name and location of the site
(2) Four digit SIC code(s) for the site
(3) All of the following information for each waste stream identified pursuant to section 67100.5(h) of theses regulations:
(A) An estimate, in pounds, of the quantity of hazardous waste generated and the quantity of hazardous waste managed, both onsite and offsite, during the current reporting year and the baseline year.
(B) A description of current hazardous waste management approaches and identification of all approaches implemented since the baseline year.
(C) An assessment of the effect, since the baseline year, of each implemented hazardous waste management approach on the weight of hazardous waste generated, the properties which cause it to be classified as a hazardous waste and/or the onsite and offsite management of hazardous waste. The report shall consider, but shall not be limited to all of the following approaches:
1. Source reduction;
2. Onsite or offsite recycling;
3. Onsite or offsite treatment.
(D) A description of factors during the current reporting year that have affected hazardous waste generation and onsite and offsite hazardous waste management since the baseline year, including, but not limited to, any of the following:
1. Changes in business activity;
2. Changes in waste classification;
3. Natural phenomena and;
4. Other factors that have affected either the quantity of hazardous waste generated or onsite and offsite hazardous waste management requirements.
(b) If the generator selects the current reporting year as the baseline year, the information required pursuant to subsection (a)(3) of this section shall be provided for the reporting year only.
Note: Authority cited: Sections 25150, 25244.15, 25244.16 and 58012, Health and Safety Code. Reference: Sections 25244.12 et seq. and 25244.20, Health and Safety Code.
s 67100.9. Summary Progress Report.
(a) Generators subject to the requirements of this article shall prepare a summary progress report and submit it to the Department of Toxic Substances Control on or before September 1, 1999 and every four years thereafter.
(b) Generators shall complete the Department of Toxic Substances Control's Form # 1262 (3/99) titled, "Summary Progress Report" as their summary progress report. This document is incorporated by reference.
(c) The director, in consultation with the Secretary for Environmental Protection, shall, within five years of the effective date of the regulations in this section, determine whether the regulations should be retained, revised, or repealed.
Note: Authority cited: Sections 25150, 25244.15, 25244.16 and 58012, Health and Safety Code. Reference: Sections 25244.12 et seq. and 25244.19, Health and Safety Code.
s 67100.10. Compliance Checklist.
Note: Authority cited: Sections 25150 and 25244.15, Health and Safety Code; and section 58012, Governor's Reorganization Plan, No. 1 of 1991. Reference: Section 25244.19, Health and Safety Code.
s 67100.11. Compliance Checklist Format.
Note: Authority cited: Sections 25150 and 25244.15, Health and Safety Code; and section 58012, Governor's Reorganization Plan, No. 1 of 1991. Reference: Section 25244.19, Health and Safety Code.
s 67100.12. Progress Report.
Note: Authority cited: Sections 58012 (Governor's Reorganization Plan, No. 1 of 1991), 25150, 25244.15 and 25244.16, Health and Safety Code. Reference: Section 25244.19, Health and Safety Code.
s 67100.13. Certification Requirements.
(a) The review and plan, report, and compliance checklist, completed pursuant to this article shall be reviewed by an engineer who is registered as a professional engineer pursuant to section 6762 of the Business and Professions Code, by an individual who is responsible for the processes and operations of the site, or by an environmental assessor who is registered pursuant to section 25570 Health and Safety Code.
(b) The engineer, individual, or environmental assessor shall certify the review and plan only if the review and plan meet all of the following requirements:
(1) The review and plan addresses each hazardous waste stream identified pursuant to section 67100.5(h) of these regulations.
(2) The review and plan addresses the source reduction approaches specified in section 67100.5(j) of these regulations.
(3) The plan clearly sets forth the measures to be taken with respect to each hazardous waste stream for which source reduction has been found to be technically feasible and economically practicable, with timetables for making reasonable and measurable progress, and documents the rationale for rejecting available source reduction measures.
(4) The plan does not merely shift hazardous waste from one environmental medium to another environmental medium by increasing emissions or discharges to air, water, or land.
(c) The engineer, individual, or environmental assessor shall certify that compliance checklist has been completed.
(d) The engineer, individual, or environmental assessor shall certify the report only if the report meets the following requirement:
(1) The report identifies factors that affect the generation and onsite and offsite management of hazardous wastes and summarizes the effect of those factors on the generation and onsite and offsite management of hazardous wastes.
(e) The plan, report, and compliance checklist shall contain the following language signed and dated by either the owner, the operator, or the responsible corporate officer of the site or an authorized individual; who is capable of committing financial resources necessary to implement the source reduction measures:
"I certify 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 the persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for making false statements or representations to the Department, including the possibility of fines for criminal violations."
Note: Authority cited: Sections 25150 and 25244.15, Health and Safety Code; and section 58012, Governor's Reorganization Plan, No. 1 of 1991. Reference: Sections 25189.2, 25244.19, 25244.20 and 25570.3, Health and Safety Code.
s 67100.14. Trade Secrets.
(a) Any information submitted to the Department pursuant to this article may be claimed as confidential by the generator. Any such claim shall be asserted at the time of submission by placing the words "confidential business information" on each page containing such information. If no claim is made at the time of submission, the Department shall make the information available to the public without further notice. If a claim is asserted, the information shall be treated in accordance with 40 CFR part 2 and the Health and Safety Code, sections 25173 and 25244.23.
(b) If a claim of confidentiality is asserted, two versions of the document shall be submitted: one version with the confidential pages and one version without the confidential pages but with a clear indication of which pages are removed as confidential.
Note: Authority cited: Sections 25150, 25244.15 and 25244.23, Health and Safety Code; and section 58012, Governor's Reorganization Plan, No. 1 of 1991. Reference: Section 25244.23, Health and Safety Code.
s 67101. Required Notices.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67102. General Waste Analysis.
Note: Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25155.5, 25159 and 25159.5, Health and Safety Code.
s 67103. Security.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67104. General Inspection Requirements.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67105. Personnel Training.
Note: Authority cited: Section 208, Health and Safety Code.Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67106. General Requirements for Ignitable, Reactive or Incompatible Wastes.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67108. Seismic and Precipitation Design Standards.
Note: Authority cited: Section 208, Health and Safety Code.Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67120. Design and Operation of Facility.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67121. Required Equipment.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67122. Testing and Maintenance of Equipment.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67123. Access to Communications or Alarm Systems.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67124. Required Aisle Space.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67126. Arrangements with Local Authorities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67140. Purpose and Implementation of Contingency Plan.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67141. Content of Contingency Plan.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67142. Copies of Contingency Plan.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67143. Amendment of Contingency Plan.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67144. Emergency Coordinator.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67145. Emergency Procedures.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67160. Applicability.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67161. Use of Manifest System.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67162. Manifest Discrepancies.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67163. Operating Record.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67164. Availability, Retention and Disposition of Records.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67165. Annual Report.
Note: Authority cited: Sections 208, 25150, Health and Safety Code. Reference: Sections 25155.5, 25159 and 25159.5, Health and Safety Code.
s 67166. Unmanifested Waste Report.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67167. Additional Reports.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67168. Disposal Reports by Owner or Operator of Off-Site Hazardous Waste Facility.
Note: Authority cited: Sections 208 and 25161, Health and Safety Code. Reference: Section 25150, Health and Safety Code; Section 43051, Revenue and Taxation Code.
s 67169. Monthly Reports by Operator of On-Site Hazardous Waste Facility.
Note: Authority cited: Sections 208 and 25161, Health and Safety Code. Reference: Section 25150, Health and Safety Code; Section 43151, Revenue and Taxation Code.
s 67180. Applicability to Permitted Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code.
s 67181. Required Programs.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code.
s 67182. Environmental Protection Standard.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code.
s 67183. Hazardous Constituents.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code.
s 67184. Concentration Limits.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code.
s 67185. Point of Compliance.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code.
s 67186. Compliance Period.
Note: Authority cited, Section 208, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code.
s 67187. General Ground Water Monitoring Requirements.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code.
s 67188. Detection Monitoring Program.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code.
s 67189. Compliance Monitoring Program.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code.
s 67190. Corrective Action Program.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code.
s 67191. Applicability to Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25345, Health and Safety Code.
s 67192. Environmental Monitoring System for Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code.
s 67193. Sampling and Analysis for Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code.
s 67194. Preparation, Evaluation and Response for Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code.
s 67195. Recordkeeping and Reporting at Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code.
s 67210. Applicability.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code.
s 67211. Closure Performance Standard.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25245, Health and Safety Code.
s 67212. Closure Plan; Amendment of Plan.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25246, Health and Safety Code.
s 67213. Closure; Time Allowed for Closure.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code.
s 67214. Disposal or Decontamination of Equipment.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code.
s 67215. Certification of Closure.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67217. Post-Closure Care and Use of Property.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67218. Post-Closure Plan; Amendment of Plan.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67219. Notice to Local Land Authority.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67220. Notice in Deed to Property.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67240. Applicability.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67241. Condition of Containers.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67242. Compatibility of Waste with Containers.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67243. Management of Containers.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67244. Inspections.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67245. Containment for Permitted Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25150(a), 25159 and 25159.5, Health and Safety Code.
s 67246. Special Requirements for Ignitable or Reactive Waste.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67247. Special Requirements for Incompatible Wastes.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67248. Closure of Permitted Facilities That Store Containers of Hazardous Waste.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25245, Health and Safety Code.
s 67250. Applicability.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67251. Design of Tanks for Permitted Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25150(a), 25159 and 25159.5, Health and Safety Code.
s 67252. General Operating Requirements for Permitted Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67254. Monitoring and Inspection for Permitted Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67257. General Operating Requirements for Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67258. Waste Analysis and Trial Tests for Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67259. Inspections for Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67260. Closure for Both Permitted and Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159,25159.5 and 25245, Health and Safety Code. (continued)