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(1) the hazardous characteristics of the wastes, such as, but not limited to, toxicity, reactivity, corrosivity, flammability, persistence, bioaccumulative characteristics, and infectiousness;
(2) factors affecting the potential for movement of any waste constituents away from the site through air, water, or soil, such as, but not limited to, the quantity of the wastes, physical state of the wastes, volatility of the wastes, solubility of the wastes, soil binding characteristics of the wastes, soil permeability, geological characteristics, hydrological characteristics, meteorological characteristics, flood potential and site terrain;
(3) factors affecting the potential for exposure of any population within 2,000 feet of the wastes such as, but not limited to, containment of the wastes, accessibility of the wastes, ground water use, wells, surface water use, existing and potential land use, sensitive environments, and critical habitats.
Note: Authority cited: Section 25156, Health and Safety Code. Reference: Sections 25221, 25222, 25222.1, 25233 and 25234, Health and Safety Code.
s 67391.1. Requirements for Land Use Covenants.
(a) Except as provided in subsection (f) of this section, a land use covenant imposing appropriate limitations on land use shall be executed and recorded when:
(1) Facility closure, corrective action, remedial or removal action, or other response actions are undertaken pursuant to chapter 6.5, 6.8, or 6.85 of division 20 of the Health and Safety Code, or article 1 of chapter 1, part 10.5 of the Education Code; and
(2) Hazardous materials, hazardous wastes or constituents, or hazardous substances will remain at the property at levels which are not suitable for unrestricted use of the land.
(b) The Department shall not approve or concur in a response action decision document which includes limitations on land use or other institutional controls, unless the limitations or controls are clearly set forth and defined in the response action decision document. Except as provided in subsection (f) of this section, any response action decision document shall (1) specify that the limitations or controls will be incorporated into an appropriate land use covenant as required by this section and (2) include an implementation and enforcement plan. The Department shall provide public notice of the response action decision document in a manner that meets the requirements of Health and Safety Code section 25356.1(e)(2) or section 25398.6(i). DTSC will consult with local agencies, including local reuse authorities, as appropriate.
(c) Except as provided in subsection (f) of this section,
(1) The Department shall not certify that a response action has been satisfactorily completed, with the exception of any necessary long term operation and maintenance activities, until such land use covenants required by this section have been signed and recorded in the county, or
(2) The Department shall not acknowledge final certification of closure of a hazardous waste disposal unit until such land use covenants required by this section also meet the requirements of sections 66264.119 or 66265.119 as applicable.
(d) All land use covenants pursuant to this section shall be executed by the Department and the landowner and shall be recorded in the county where the land is located. All land use covenants shall run with the land pursuant to Civil Code section 1471 and/or Health and Safety Code sections 25202.5, 25222.1, 25355.5, or 25398.7 and 25396(l) and shall continue in perpetuity unless modified or terminated in accordance with applicable law.
(e) Federal Property.
(1) The Department shall not consider property owned by the federal government to be suitable for transfer to nonfederal entities pursuant to 42 United States Code section 9620(h)3-4 where hazardous materials, hazardous wastes or constituents, or hazardous substances remain at the property at levels which are not suitable for unrestricted use of the land, unless an appropriate land use covenant will be executed by the Department and the federal government and recorded in the county where the land is located in accordance with this section.
(2) Whenever the Department determines that it is not feasible to record a land use covenant for property owned by the federal government, such as transfers from one federal agency to another, the Department and federal government may use other mechanisms to ensure that future land use will be compatible with the levels of hazardous materials, hazardous wastes or constituents, or hazardous substances which remain on the property. Examples include: Amendments to the federal government facility master plan, physical monuments, or agreements between the federal government facility and the Department.
(f) Whenever the Department determines that it is not feasible to establish a land use covenant as a component of a remedy for a site, it may use other institutional control mechanisms to ensure that future land use will be compatible with the levels of hazardous materials, hazardous wastes or constituents, or hazardous substances which remain on the property.
(1) Examples include publicly owned tidelands trust property: such mechanisms may include, but are not limited to physical monuments, or a memorandum of agreement or consent agreement between the Department and the trustee for the tideland trust property.
(2) If the Department subsequently determines that it is feasible to record land use covenants for such sites, the Department shall ensure that the land use covenants are recorded in accordance with (d).
(g) Modification and Termination. The Department may modify or terminate land use covenants if it determines such modification or termination is protective of public health and safety and the environment.
(h) The Department shall require responsible parties, facility owners or operators, or project proponents involved in land use covenants to pay all costs associated with the administration of such controls.
(i) For purposes of this section:
(1) "Department" means the Department of Toxic Substances Control.
(2) "Federal property" means that property found in the Federal Property and Administrative Services Act of 1949, as amended, 40 United States Code sections 471 et seq.
(3) "Land use covenants" include easements, servitudes, covenants and restrictions which run with the land and restrict uses to protect public health and safety and the environment.
(4) "Response action decision document" means a remedial action plan, removal action workplan, record of decision, closure plan, documents written pursuant to a corrective action order or corrective action consent agreement, or other similar documents which formally select an action to be taken in response to the release or threatened release of hazardous materials, hazardous wastes or constituents, or hazardous substances.
(5) "Unrestricted use of the land" means that the land may be used for any purpose.
Note: Authority cited: Sections 25351.5 and 25150, Health and Safety Code. Reference: Sections 25202.5, 25222.1, 25223, 25355.5, 25398.6 and 25398.7, Health and Safety Code.
s 67400. Applicability.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67400.1. Selection Criteria.
Candidate sites shall be selected for hazardous waste site ranking if:
(a) the site is presently not owned by the Federal Government; and
(b) the release or threatened release of a hazardous substance (as defined in Health and Safety Code section 25316) at the site has been confirmed by the Department by means of on-site sampling conducted by the Department or other parties of the waste, soils, sediments, ground water, surface water or air.
Note: Authority cited: Section 25356(a), Health and Safety Code. Reference: Section 25356(a), Health and Safety Code.
s 67400.2. Site Ranking Criteria.
Hazardous waste sites shall be ranked for remedial action according to the "Uncontrolled Hazardous Waste Site Ranking System, A User's Manual" (1982) MTR -82W111, except that the "Hazardous Chemicals Data" NFPA 49-1975 as contained in either the 1977 or 1984 edition of the "Fire Protection Guide on Hazardous Materials" published by the National Fire Protection Association may be used instead of the National Fire Protection Association's National Fire Codes, Vol. 13, No. 49 (1977).
Note: Authority cited: Section 25356(a), Health and Safety Code. Reference: Section 25356(a), Health and Safety Code.
s 67401. Definitions.
Note: Authority cited: Sections 208 and 25150, Stats. 1994, c. 435 (S.B. 923), Section 3, Health and Safety Code. Reference: Sections 208 and 25150, Stats. 1994, c. 435 (S.B. 923), Section 3, Health and Safety Code.
s 67401.1. Definitions.
(a) When used in this article, unless otherwise defined in Health and Safety Code (H&SC) Section 25396, the following terms have the meanings given below:
(1) "Community benefit" means an equitable factor that will be used in conjunction with other equitable factors listed in H&SC Section 25398.8 that DTSC shall consider when conducting its apportionment of liability. Community benefit may consider protection of public health and the benefit to the environment that may be realized by members of the public and the affected community by implementation of the response action.
(2) "Department" means the Department of Toxic Substances Control.
(3) "Expedited Remedial Action Program" means the program that was created pursuant to H&SC Section 25396 et seq. of the Expedited Remedial Action Reform Act of 1994.
(4) "Fiscal Year" is the period of the year beginning July 1 and ending the following calendar year on June 30.
(5) "National Priorities List" means the list, compiled by the United States Environmental Protection Agency pursuant to the Comprehensive Environmental Response, Compensation, Liability Act of 1980 (42 U.S.C. Section 9605), of uncontrolled hazardous releases in the United States that are priorities for long-term remedial evaluation and response.
Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3. Reference: Section 25396, Health and Safety Code.
s 67401.2. Response Costs.
(a) Response costs are all costs described in subdivision (t) of H&SC Section 25396 including, but not limited to:
(1) The cost of preparing and reviewing a Preliminary Endangerment Assessment (PEA) including, but not limited to, the cost of collecting, reviewing, and analyzing data or any activities necessary to complete the PEA.
(2) Costs associated with the Department's preparation of a recommendation to the Site Designation Committee pursuant to subdivision (b) of H&SC Section 25396.5.
(b) Response costs do not include:
(1) Fees and costs incurred by any responsible person associated with an arbitration or litigation.
(2) Fees and costs not directly related to and necessary to perform a response action.
(c) Subdivision (t) of H&SC Section 25396 shall not limit the Department's ability to recover past costs under Chapter 6.8 of the Health and Safety Code.
Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3. Reference: Section 25396(t), Health and Safety Code.
s 67401.3. Requirements for a Completed Preliminary Endangerment Assessment.
(a) In making its recommendation to the Site Designation Committee pursuant to Health and Safety Code section 25396.5, the Department shall consider the condition set forth in H&SC section 25396.6(b) to be satisfied if the responsible person or persons requesting selection of the site have submitted documents that the Department determines constitute a completed Preliminary Endangerment Assessment (PEA) and the PEA:
(1) provides sufficient information for the Department to determine that current or past waste management practices have resulted in the release or a threatened release of hazardous substances which pose a threat to public health or the environment; and
(2) provides sufficient information for the Department to conclude that significant response actions are necessary at the site; and
(3) includes an analysis of the scope and identity of the affected community.
Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3. Reference: Sections 25319.5 and 25396.6(b), Health and Safety Code.
s 67401.4. Site Eligibility for the National Priorities List (NPL).
The Department may not recommend that a site be selected for remediation pursuant to the Expedited Remedial Action Program if the site is proposed to be listed or is listed on the National Priorities List pursuant to the procedures specified in 40 Code of Federal Regulations, Part 300.425.
Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3. Reference: Section 25396.6(c)(1), Health and Safety Code.
s 67401.5. Termination of Agreements and Site Stabilization.
(a) In the event that a responsible person who has entered into an enforceable agreement with the Department pursuant to H&SC Section 25398.2(b)(1) fails to comply with the agreement, the Department may terminate the agreement and remove the site from eligibility for response actions pursuant to the Expedited Remedial Action Program, and may direct that any further response actions at that site be taken pursuant to Chapter 6.8, Division 20, of the H&SC, unless one or more of any other responsible person agree to assume the noncomplying responsible person's responsibilities under the agreement.
(b) A responsible person who has entered into an enforceable agreement with the Department and who fails to comply with the agreement, shall take any action necessary to stabilize the site in order to protect public health and the environment, unless one or more of any responsible persons agree to assume the noncomplying responsible person's responsibilities the site under the agreement. Actions which are necessary to stabilize the site include, but are not limited to, the following:
(1) Action to preclude the possibility that the public can come in direct contact with hazardous substances either through ingestion, dermal absorption, or inhalation.
(2) Actions to prevent offsite migration of hazardous substances.
(c) Site stabilization activities shall be maintained by the responsible person to ensure protection of public health and the environment until the response action is complete.
Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3. Reference: Sections 25398.3(a) and 25398.2(b)(1)(D), Health and Safety Code.
s 67401.6. Financial Assurance.
(a) Any agreement entered into pursuant to H&SC Section 25398.2 shall require a responsible person to demonstrate to the Department the availability of adequate forms of financial assurance for response costs that will or may be assigned to the orphan share.
(b) Any responsible person who must comply with operation and maintenance requirements as part of a response action must demonstrate the availability of adequate forms of financial assurance prior to issuance of a certificate of completion.
(c) For the purposes of complying with subdivisions (a) or (b) of this section, the responsible person shall choose from one or more of the following options as specified below.
(1) Establish a trust fund as described in Section 66265.143(a).
(2) Obtain a surety bond as described in Section 66265.143(b).
(3) Obtain a letter of credit as described in Section 66265.143(c).
(4) Obtain insurance as described in Section 66265.143(d).
(5) Submit to the financial test and corporate guarantee as described in Section 66265.143(e).
(6) Or any other form of financial assurance deemed acceptable by the Department.
Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3. Reference: Sections 25396.6(c)(2) and 25398.2(b)(1)(B), Health and Safety Code.
s 67401.7. Information Gathering and Access.
(a) The Department may require any person identified to furnish and provide access to, upon reasonable notice, information or documents relating to the following matters:
(1) The identification, nature, and quantity of materials which have been, or are, generated, treated, stored, or disposed of at a site or which have been, or are, transported to a site.
(2) The nature or extent of a release or threatened release of a hazardous substance at or from a site.
(3) The identification of any person who may be responsible or have knowledge relating to a release or threatened release of a hazardous substance.
(b) The Department may require any responsible person to furnish, upon reasonable notice, information or documents relating to the following matter:
(1) Ability of a person to pay for or to perform a response action.
Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3. Reference: Sections 25185.6, 25358.1, 25398(b)(1) and 25398.9(c), Health and Safety Code.
s 67401.8. Engineering Design
(a) Pursuant to H&SC Section 25398.14, upon completion of an engineering design to implement an approved remedial action plan, the responsible person for the site shall submit the engineering design to the Department for approval. The Department shall approve, modify, request information, or deny in writing the engineering design within 60 days from the date of receipt.
(b) The Department shall approve an engineering design if the Department determines that the engineering design is consistent with the selected remedial alternative outlined in the approved Remedial Action Plan (RAP). If the engineering design is consistent with the technical and operational plans in the approved RAP and there is compliance with all federal, state, and local statutes, regulations, and ordinances then the Department will grant an approval.
(c) The Department shall request that the responsible person modify the engineering design if the Department determines that the engineering design does not contain sufficient information necessary to ensure that the engineering design is consistent with the approved remedial alternative selected in the RAP and compliance with all federal, state, and local statutes, regulations, and ordinances. The Department shall identify in writing deficiencies that must be addressed in the engineering design. A responsible person shall not implement the response action until the responsible person has made the modifications to the engineering design required by the Department.
(d) The Department shall not approve an engineering design if the Department determines that the engineering design is inconsistent with the selected remedial alternative outlined in the approved RAP.
(e) Any responsible person whose engineering design has been disapproved may request a meeting with the Department to discuss the reasons for the disapproval.
Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3. Reference: Section 25398.14, Health and Safety Code.
s 67401.9. Orphan Share Determination.
The Department's recommendation as to whether a site should be selected for the Expedited Remedial Action Program shall include a determination of whether the site has an orphan share. For those sites already selected for the Expedited Remedial Action Program, the Department shall make a determination as to whether sites are an orphan share site within 30 days of the effective date of this regulation, unless that determination already has been made by the Department or the Site Designation Committee. No more than ten sites may be determined to have an orphan share.
Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3. Reference: Section 25396.5(b), Health and Safety Code.
s 67401.10. Modification of Orphan Share Determination.
(a) At the time the Department proposes an apportionment of liability for response costs at a site, it may change its determination regarding whether a site has an orphan share under the following circumstances:
(1) The Site was determined to have an orphan share pursuant to Section 67401.9 and the Department finds that no orphan share actually exists.
(2) The Site was determined not to have an orphan share pursuant to Section 67401.9 and the Department makes the following findings:
[A] An orphan share actually exists;
[B] Not more than ten sites, for which response actions are being conducted pursuant to the Expedited Response Action Program, have been determined to have an orphan share pursuant to Section 67401.9; and
[C] There are funds available in the trust fund to cover all response costs that will be assigned to the orphan share after payment of any claims already received for response costs that have been allocated to an orphan share at other sites in the Expedited Remedial Action Program.
Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3. Reference: Sections 25396(m), 25396.5(b) and 25398.8(a), Health and Safety Code.
s 67401.11. Allocation of Orphan Share.
(a) The following factors shall be used by the Department to determine when a responsible person cannot be located or identified, or when a responsible person is considered insolvent. The factors that shall guide the Department in allocating response costs to an orphan share shall include, but are not limited to, the following:
(1) A responsible person cannot be located when the Department determines that the responsible person is deceased and there are no assets remaining in the estate of the deceased, and there is no successor in liability.
(2) A responsible person shall be considered insolvent if the Department makes a finding pursuant to H&SC Section 25396(j).
(b) When allocating response costs to an orphan share, the Department shall apply a community benefit factor in conjunction with the established equitable factors listed in H&SC Section 25398.8(c). The community benefit factor includes consideration of the following:
(1) The relative threat posed by the site to public health and the environment.
(2) The community benefit realized by members of the public and the affected community as a result of the implementation of the response action.
Note: Authority cited: Section 25396(m), Health and Safety Code; Stats. 1994, c. 435 (S.B. 923), Section 3. Reference: Sections 25396(m) and 25398.8(c), Health and Safety Code.
s 67401.12. Procedures for Filing Claims Against the Expedited Site Remediation Trust Fund.
(a) Within 3 months after the Department has approved a request for a certificate of completion pursuant to H&SC Section 25398.15, responsible persons who entered into and are in compliance with an enforceable agreement with the Department pursuant to H&SC Section 25398.2(b)(1) may file a claim with the Department for reimbursement of the portion of the response action allocated to an orphan share pursuant to H&SC Section 25398.8. For purposes of this section, the Department will only accept one consolidated claim for a reimbursement of response costs allocated to an orphan share from responsible persons who have signed an enforceable agreement pursuant to H&SC Section 25398.2(b)(1). Responsible persons filing such a claim shall comply with the following claims procedures for reimbursement by the Expedited Site Remediation Trust Fund:
(1) The responsible person shall file a written claim with the Department. All claims must be filed with the Department by March 1 of each year to be considered for distribution of funds appropriated for that fiscal year.
(2) All claims filed by the responsible person shall include copies of the following: the enforceable agreement entered into pursuant to H&SC Section 25398.2(b)(1), the Department's apportionment of liability conducted pursuant to H&SC Section 25398.8, and an accounting of response costs defined in subdivision (t) of H&SC Section 25396 and Section 67401.2, and any other information requested by the Department deemed appropriate in determining the legitimacy of the claim.
Note: Authority cited: Sections 25298.8(b) and 25399.1, Health and Safety Code; Stats. 1994, c. 435 (S.B. 923), Section 3. Reference: Sections 25396(m), 25398.8(b) and 25399.1, Health and Safety Code.
s 67401.13. Distribution of Orphan Share.
(a) Distribution of funds from the Expedited Site Remediation Trust Fund will be conducted annually. The distribution will only occur to the extent funds are available in the Expedited Site Remediation Trust Fund to pay claims received for response costs that have been allocated to an orphan share.
(b) No orphan share funds for a site shall be disbursed until all Department response costs incurred for that site have been paid.
(c) If the total of all approved claims for response costs that have been allocated to an orphan share for a fiscal year does not exceed the amount available in the Expedited Site Remediation Trust Fund, then each claim shall be fully funded.
(d) If the total of all approved claims for response costs that have been allocated to an orphan share for a fiscal year exceeds the amount available in the Expedited Site Remediation Trust Fund, then each claim shall be paid in the following manner:
(1) Payment of claims for those response costs that have been allocated to an orphan share shall be prorated based on the total sum of all approved orphan share claims for that fiscal year, except that all claims for amounts under $50,000.00 shall be paid in full, if there is a sufficient amount available in the Expedited Site Remediation Trust Fund.
(2) The balance of claims not fully paid in a fiscal year shall be carried over to subsequent fiscal years and either paid in full if funds are available in the Expedited Site Remediation Trust Fund, or prorated with claims from each year.
Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3. Reference: Section 25396(m), Health and Safety Code.
s 67403. 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 67409. Closure and Post-Closure Care of Landfills at Permitted Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25245, Health and Safety Code.
s 67410.1. Prohibition of Sale.
(a) On or after January 1, 1979, no person in the State of California shall manufacture, formulate, package, import or receive from outside the State and sell or offer for sale within the State a material for use as a chemical toilet additive, as indicated on a label on the container or by any other representation by said person, which contains a nonbiodegradable toxic chemical substance.
(b) On or after January 1, 1979, no person shall sell or offer for sale at retail or wholesale within the State a material for use as a chemical toilet additive, as indicated on a label on the container or by any other representation relating to the sale of the material, which contains a nonbiodegradable toxic chemical substance.
(c) The foregoing provisions of this section shall not prohibit a person from selling or shipping to a person outside of the State a material for use as a chemical toilet additive, as indicated on a label on the container or by other representation, which contains a nonbiodegradable toxic chemical substance, which is manufactured, formulated, or packaged within the State; imported or received from outside of the State.
Note: Authority cited: Section 25210, Health and Safety Code. Reference: Section 25210, Health and Safety Code.
s 67410.2. Prohibition of Use.
On or after January 1, 1979, no person shall use, or cause to be used, a material as a chemical toilet additive which contains a nonbiodegradable toxic chemical substance.
Note: Authority cited: Section 25210, Health and Safety Code. Reference: Section 25210, Health and Safety Code.
s 67410.3. Criteria for Identifying a Toxic Chemical Substance.
(a) A chemical substance shall be considered to be a toxic chemical for the purpose of this article if such substance satisfies any of the following criteria:
(1) the chemical substance has a 96-hour LC sub50 of 500 milligrams or less per liter as determined in soft water with fathead minnows (Pimephales promelas) or golden shiners (Notemigonus crysoleucas) by the method given in Part 810 of Standard Methods for the Examination of Water and Wastewater (14th Edition), or with another species of test fish or another test method approved by the Department.
(2) The chemical substance is regulated as a carcinogenicity hazard by the United States Occupational Safety and Health Administration pursuant to Title 29, Code of Federal Regulations.
(3) The chemical substance presents a hazard to public health or the environment through its bioaccumulative or chronic toxicity properties.
Note: Authority cited: Section 25210, Health and Safety Code. Reference: Section 25210, Health and Safety Code.
s 67410.4. Criteria for Identifying a Nonbiodegradable Toxic Chemical Substance.
a) A chemical substance shall be considered to be a nonbiodegradable toxic chemical substance for the purpose of this article if such chemical substance satisfies any of the following criteria:
(1) the chemical substance contains any of the following elements:
antimony molybdenum
arsenic nickel
barium selenium
beryllium silver
cadmium thallium
chromium titanium
cobalt uranium
copper vanadium
Lead zinc
mercury
(2) the chemical substance satisfies at least one of the criteria established in section 67410.3 and either:
(A) under conditions of the Five-Day Biochemical Oxygen Demand test method, as given in Part 507 of Standard Methods for the Examination of Water and Wastewater (14th or 16th editions) or in a modification of the method approved by the Department, using unadapted settled domestic wastewater seed, is degraded to the extent that its initial concentration in the test medium is reduced by less than fifty (50) percent. The extent of degradation shall be determined by an analysis which establishes to the satisfaction of the Department the percent of the test substance which is undegraded at the completion of the test;
(B) under conditions of the Five-Day Biochemical Oxygen Demand test method, as given in Part 507 of Standard Methods for the Examination of Water and Wastewater (14th or 16th editions) or of a modification of the method approved by the Department is degraded to a residue which contains a toxic chemical substance.
Note: Authority cited: Sections 208 and 25210, Health and Safety Code. Reference: Section 25210, Health and Safety Code.
s 67410.5. Disclosure of Identity, Composition, and Properties.
(a) At the request of the Department, the seller of a chemical toilet additive shall provide the Department with the brand name or other designation and the name and address of the producer or other supplier of each chemical toilet additive that the seller offers for sale.
(b) At the request of the Department, a person in the State of California who manufactures, formulates, packages, imports or receives from outside the State a material for sale within the State for use as a chemical toilet additive, as indicated on a label on the container or by any other representation by said person, shall disclose to the Department the names of all of the ingredients of the material and provide toxicological and biodegradability data which establish to the satisfaction of the Department whether the material contains any ingredient which is a nonbiodegradable toxic chemical substance.
(c) At the request of the Department, the user of a chemical toilet additive for the user's household purpose shall disclose to the Department the brand name or other designation of the additive and the name and address of its producer or seller.
(d) At the request of the Department, a person who uses a chemical toilet additive for other than that person's household purpose, including a person who maintains or services chemical toilets or chemical toilet waste holding tanks or who collects, transports, or disposes of chemical toilet wastes as a commercial business, as part of or incidental to a com mercial business, as a government agency, or for hire, shall disclose to the Department:
(1) the brand name or other designation of the chemical toilet additive used and the name and address of its producer or seller;
(2) the names of all ingredients of any material used as a chemical toilet additive which is not labeled on its container or in accompanying printed matter to indicate its use for such purpose, its brand name or other designation, and its producer or seller. At the request of the Department, the person shall also provide toxicological and biodegradability data which establish to the satisfaction of the Department whether the material contains any ingredient which is a nonbiodegradable toxic chemical substance.
(e) The chemical analyses and bioassay methods and procedures used in obtaining data and the quality and adequacy of the data which are submitted in compliance with this section shall be subject to approval of the Department.
Note: Authority cited: Section 25210, Health and Safety Code. Reference: Section 25210, Health and Safety Code.
s 67410.6. Enforcement and Inspections.
(a) The requirements of this article shall be enforced as provided for under chapter 22.
(b) Inspections may be made of and samples taken from any factory, plant or other place where chemical toilet additives are manufactured, stored, sold, or used.
Note: Authority cited: Section 25210, Health and Safety Code . Reference: Section 25210, Health and Safety Code.
s 67410.7. Applicability of Other Requirements of This Chapter.
Nothing in this article shall be construed to relieve a person from handling and managing a chemical toilet waste as a hazardous waste in accordance with the requirements of this chapter if the chemical toilet waste contains a hazardous material or is a hazardous waste as defined in section 66260.10, respectively, or is listed in either Appendix X to chapter 11, except that a person who produces, hauls, or disposes of chemical toilet waste shall be exempt from the requirements of section 66260.10 and chapters 12, 13, 14, 15, and 43 of this division if disposal of the waste is in accordance with the requirements of chapter 6, division 20, Health and Safety Code commencing with section 25000 and article 3, chapter 1, division 7.5, Water Code commencing with section 14040.
Note: Authority cited: Sections 208, 25150 and 25210, Health and Safety Code. Reference: Sections 25150 and 25210, Health and Safety Code.
s 67411. 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 67418. Closure and Post-Closure Care of Landfills at Interim Status Landfills.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25245, Health and Safety Code.
s 67419. Surveying and Recordkeeping at Landfills at Permitted and Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67420. Special Requirements for Ignitable or Reactive Waste at Landfills at Permitted and Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67421. Special Requirements for Incompatible Wastes at Permitted and Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67422. Special Requirements for Liquid Waste at Permitted and Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67423. Special Requirements for Containers at Permitted and Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67424. Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab Packs) at Landfills at Permitted and Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67425. Special Requirements for Nonliquid Waste at Permitted and Interim Status Facilities.
Note: Authority cited: Sections 208 and 25179.5, Health and Safety Code. Reference: Sections 25159, 25159.5, 25179.5(b) and 25179.9, Health and Safety Code.
s 67426.1. Generator Requirements.
(a) A generator of fluorescent light ballasts which contain PCBs who transports off-site no more than two fifty-five gallon drums per transportation vehicle shall be exempt from the standards set forth in Article 1, Article 2, and Article 4 of Chapter 12 of this division. The regulations in this chapter apply only to the management of light ballasts which contain PCBs.
(b) The generator of fluorescent light ballasts shall retain for three years a legible copy of each manifest or shipping document to document the transportation of hazardous waste consisting of fluorescent light ballasts which contain PCBs.
Note: Authority cited: Section 25150, Health and Safety Code. Reference: Section 25155, Health and Safety Code.
s 67427.1. Exemption From Requirement for Extremely Hazardous Waste Disposal Permit.
Generators of fluorescent light ballasts which contain PCBs shall be exempt from filing for an Extremely Hazardous Waste Disposal Permit required by s 67430.1.
Note: Authority cited: Section 25150, Health and Safety Code. Reference: Section 25155, Health and Safety Code.
s 67428.1. Transportation Requirements.
(a) A transporter of twelve or fewer non-leaking fluorescent light ballasts which contain PCBs shall be exempt from Chapter 13 of this division provided that the containers which contain the ballasts do not include any other hazardous waste.
(b) A transporter of more than twelve non-leaking light ballasts which contain PCBs shall be exempt from Article 1 and Article 2 of Chapter 13 of this division pertaining to the transportation of a hazardous waste provided all of the following conditions are met:
(1) The transporter shall use a shipping paper which contains all the information required pursuant to Title 49, Code of Federal Regulations, Part 172, Subpart C to document the transportation of the fluorescent light ballasts. The shipping paper must accompany the shipments of fluorescent light ballasts.
(2) The total amount of fluorescent light ballasts which contain PCBs being transported is no more than two 55 gallon drums of non-leaking fluorescent light ballasts per load.
(3) The containers used for transportation of fluorescent light ballasts which contain PCBs meet all applicable federal and state regulations.
(4) When transporting hazardous waste consisting of fluorescent light ballasts which contain PCBs, the containers which contain the ballasts shall not include any other hazardous waste.
(5) Any discharges or spills of hazardous waste consisting of fluorescent light ballasts which contain PCBs shall be reported and cleaned up as required in Article 3, Chapter 13 of this division.
(6) The transporter of light ballasts shall retain for three years a legible copy of each manifest or shipping documents to document the transportation of hazardous waste consisting of fluorescent light ballasts which contain PCBs.
(c) Transfer of hazardous waste consisting of fluorescent light ballasts which contain PCBs from one container to another container is not subject to the requirements of this division provided the containers hold no other hazardous waste.
Note: Authority cited: Section 25150, Health and Safety Code. Reference: Section 25155, Health and Safety Code.
s 67429.1. Disposal Requirements.
(a) Disposal of fluorescent light ballasts which contain PCBs shall be in accordance with s 66268.110.
Note: Authority cited: Section 25150, Health and Safety Code. Reference: Section 25155, Health and Safety Code.
s 67430.1. Requirement for Extremely Hazardous Waste Disposal Permit.
Note: Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25150, Health and Safety Code.
s 67430.2. Application for Extremely Hazardous Waste Disposal Permit.
Note: Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25150, Health and Safety Code.
s 67430.3. Removal of Spilled or Improperly Deposited Waste.
The Department may require the operator to remove from the disposal site and properly dispose of any extremely hazardous waste disposed of or applied on land, and any soil contacted by the waste, if the disposal or application of the waste was not consistent with the requirements of this chapter and the conditions of the Extremely Hazardous Waste Disposal Permit issued by the Department.
Note: Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25150 and 25187, Health and Safety Code.
s 67430.4. Recurring Disposal of Extremely Hazardous Waste.
The Department may grant a producer of an extremely hazardous waste an Extremely Hazardous Waste Disposal Permit, valid up to 12 months, that specifies approved methods for the handling and disposal of a specific extremely hazardous waste that is routinely produced.
Note: Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25150, Health and Safety Code.
s 67440.1. Certification of Laboratories.
Note: Authority cited: Sections 25173 and 25198.2(a), Health and Safety Code and Section 15376, Government Code. Reference: Sections 25198.3, 25198.5(a)(1) and (c) and 25198.7(a) and (b), Health and Safety Code and Section 15376, Government Code.
s 67440.2. Test Categories.
Note: Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.2(b)(1), Health and Safety Code.
s 67440.3. Quality Assurance Program.
Note: Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.2(b)(2), Health and Safety Code.
s 67440.4. Laboratory Equipment.
Note: Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.2(b)(3), Health and Safety Code.
s 67440.5. Analytical Procedures.
Note: Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.2(b)(4), Health and Safety Code.
s 67440.6. Personnel Qualifications.
Note: Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.2(b)(5), Health and Safety Code.
s 67440.7. Proficiency Testing.
Note: Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.5(c), Health and Safety Code.
s 67450.1. Permit Requirement.
Permits are required for treatment of hazardous wastes using a Transportable Treatment Unit (TTU) or a Fixed Treatment Unit (FTU). However, the owner or operator of a TTU shall be deemed to have a permit to operate the TTU when the owner or operator complies with the requirements of section 67450.2(a). The owner or operator of a FTU shall be deemed to have a permit to operate the FTU when the owner or operator complies with the requirements of section 67450.2(b).
Note: Authority cited: Sections 208 and 25200.2, Health and Safety Code. Reference: Section 25150, Health and Safety Code.
s 67450.2. Permit by Rule for TTUs and FTUs.
(a) The owner or operator of a TTU that treats hazardous waste shall be deemed to have a permit when the owner or operator complies with subsections (a)(1), (a)(2) and (a) (4) of this section and receives an acknowledgement from the Department authorizing operation of the TTU pursuant to the subsection (a)(3) of this section.
(1) The owner or operator of a TTU that treats hazardous waste shall submit, in person or by certified mail with return receipt requested, four (4) complete initial Transportable Treatment Unit Permit by Rule/Conditional Exemption Unit-Specific Notifications (DTSC Form 1199, (1/96)) for each TTU to the Department of Toxic Substances Control, Unified Program Section, 400 "P" Street, P.O. Box 806, Sacramento, California 95812-0806. The initial notifications shall be submitted a minimum of forty-five (45) days prior to beginning the first treatment of waste with the TTU. Upon good cause shown by the owner or operator, the Department shall shorten the notification period.
(2) Each notification required by subsection (a) (1) of this section shall be completed, dated and signed according to the requirements of Section 66270.11 as those requirements apply to permit applications and shall be submitted with all of the following:
(A) Owner, operator and unit-specific information including: the name of the person(s) which own(s) and/or operate(s) the TTU, if different, the physical address or legal description of the location of each person which owns and/or operates the TTU, the mailing address and telephone number of each person which owns or operates the TTU, if different, TTU owner and operator contact person(s) and telephone number(s), TTU owner or operator identification number and Board of Equalization account number, identification of the specific waste type(s) to be treated, TTU serial number, identification of the treatment process(es) to be used, and a description of how the treatment unit operates (i.e. continuous, batch, intermittent, etc.)
(B) Financial assurance certification forms as required by section 67450.13; and
(C) The certifications specified in sections 66265.191(a) and 66265.192(a), if applicable.
(D) A statement documenting any convictions, judgments, settlements, or orders resulting from any action by any local, State, or federal environmental or public health enforcement agency concerning the operation of the facility within the last three years, as the documents would be available under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Part 1 of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of the Civil Code);
(3) The Department, within thirty (30) calendar days of receipt of unit-specific notifications submitted pursuant to subsection (a)(1) of this section, shall acknowledge, in writing, receipt of the notifications. The Department shall, in conjunction with the acknowledgement, authorize operation of the TTU subject to the requirements and conditions specified in sections 67450.3, 67450.9(b) and 67450.9(c), deny authorization to operate under a permit by rule pursuant to section 67450.9(a) or notify the owner or operator that the notifications are incomplete or inaccurate. If the notifications are incomplete or inaccurate, the Department shall specify what additional information or correction is needed. The Department shall authorize or deny authorization to operate as specified in this subsection within thirty (30) calendar days of receipt of the requested information or corrected notifications. The Department shall reject the notifications of any owner or operator who fails to provide the information or correction requested in the acknowledgement within ten (10) days of receipt of the acknowledgement. Upon good cause shown by the owner or operator, the Department shall grant the owner or operator additional time to provide the information or correction requested. An owner or operator whose notifications are rejected may submit new initial notifications.
(4) Each TTU owner or operator who is required to submit an initial notification to the Department pursuant to subsection (a)(1) of this section shall pay the initial notification fee established by Health and Safety Code section 25205.14, for each such notification within thirty (30) days after the date the fee is assessed by the Board of Equalization as specified in Revenue and Taxation Code Section 43152.10. For purposes of fee assessment, each set of four (4) notifications required by subsection (a)(1) of this section shall be considered a single notification.
(b) The owner or operator of a FTU that treats hazardous waste shall be deemed to have a permit when the owner or operator complies with subsections (b)(1), if applicable, (b)(2), (b)(3) and (b)(5) of this section, and receives an acknowledgement from CUPA or authorized agency authorizing operation of the FTU pursuant to subsection (b)(4) of this section.
(1) The owner or operator of a FTU that treats hazardous waste on or before January 1, 1992 and who intends to continue the treatment under permit by rule after January 1, 1992 shall submit, in person or by certified mail with return receipt requested, a Fixed Treatment Unit Permit by Rule Initial Notification of Intent to Operate (DTSC Form 1772 (1/96)) to the Department at the address specified in subsection (a)(1) of this section. The Initial Notification of Intent to Operate shall be submitted by February 1, 1992 and shall contain the following information:
(A) Name, mailing address, and telephone number of the owner and operator;
(B) Facility name and address or legal description of the facility location, identification number and Board of Equalization account number;
(C) A description of the specific waste type(s) treated;and (continued)